Acceptable Use Policy
This
"Acceptable Use Policy" or "AUP" of Proaxxs applies to all
divisions, subsidiaries, affiliates and identities used by
Proaxxs and references hereinafter to Proaxxs Web Solutions.
This AUP is designed to provide a clear understanding of the
rules, regulations, and restrictions on the use of the
Services, Servers, and IP Addresses of Proaxxs Web Solutions.
We may, from time to time at the sole discretion of Proaxxs
Web Solutions, impose rules, regulations, or restrictions not
expressly stated in this AUP on the use of the Services,
Servers, and IP Addresses. We may further, from time to time
at the sole discretion of Proaxxs Web Solutions, modify this
AUP and such modification shall become immediately effective
upon posting of the modified AUP to our website or by
notification to you of the modified AUP. This AUP is not
exhaustive.
Proaxxs
Web Solutions provides Internet World Wide Web page hosting,
Marketing, and Development. Proaxxs Web Solutions has certain
legal and ethical responsibilities consisting with the use of
its server and equipment involved in these services.
Proaxxs Web
Solutions general policy is to act as a provider of Internet
presence. Proaxxs Web Solutions reserves the right to suspend or
cancel a customer's access to any or all services provided by
Proaxxs Web Solutions when we decide that the account has been
inappropriately used.
=======================================================================
Overview
We do not
allow the following: Any account(s) found breaking our policies
will be removed and canceled without notice.
-
Spamming (sending unsolicited email or posting messages to
irrelevant UsetNet newsgroups that do not explicitly allow
advertising, with references to a site hosted on our
servers)
-
Sites
encouraging illegal activity or racism, sites providing
instructions or performing illegal activities. Any site
conducting illegal activities and / or copyright
infringements.
-
Violations and attempted violations of system & network
security. Or any type of tampering with the system with
the purpose to inflict harm.
-
Peer to
Peer / Portal and upload and download type sites related
to hacking and warez.
-
Specific Violations of This AUP (not an exclusive list):
Advance Fee Fraud, Child Porn Site, Child Porn Email,
Copyright Infringement, Cracking, Forgery, Fraud Site,
Hacking, HYIP Site, ID Theft, Infection, Invalid Hostname,
Open Relay, Pharmaceuticals, Phishing, Proxies, Proxy
Hijack, ROKSO, SORBS, Spam, Terrorist Site, Wares.
|
Any account
found breaking our policies will be suspended or terminated
immediately.
======================================================================
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.
======================================================================
Account Setup & Email on file
We will setup
your account after we have received payment and we and/or our
payment partner(s) have screened the order(s) in case of fraud.
It is YOUR responsibility to provide us with an email address
which is not @ the domain(s) you are signing up under. If there
is ever an abuse issue or we need to contact you. The primary
email address on file will be used to do so. It is YOUR
responsibility to ensure the email address on file is current or
up to date at all times.
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
and will have a response within 48 hours.
======================================================================
Server Abuse
Any attempt
to undermine or cause harm to a server, or customer, of Proaxxs
Web Solutions is strictly prohibited. Unauthorized
use of other people's accounts or computers. Proaxxs Web
Solutions will strongly react to any use or attempted use of an
Internet account or computer without the owner's authorization.
Such attempts include "Internet scamming" (tricking other people
into releasing their passwords), password robbery, security hole
scanning etc.
Any
unauthorized use of accounts or computers by a Proaxxs Web
Solutions customer, whether or not the attacked account or
computer belongs to Proaxxs Web Solutions, will result in action
against the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal action,
depending on the seriousness of the attack.
IMPORTANT NOTE - Proaxxs Web Solutions has the right to
discontinue service, or deny access to anyone who violates our
Policies or the terms and conditions shown below WITHOUT WARNING
OR PRIOR NOTICE. No refunds of fees paid will be made if account
termination is due to violation of the terms outlined below.
Shared
server accounts are limited in use of the amount of server
resources. Shared server resource abuse includes any process or
service usage that affects normal shared server operation,
resources or connectivity, and which causes a server to become
overloaded. Shared server resources include CPU and memory
usage, number of concurrent processes, number of concurrent port
or database connections and total bandwidth. Possible causes of
server resource abuse include, but are not limited to, the
improper use of: CGI, Perl, Sendmail, mySQL, PHP, COLDFUSION,
HTTP, SMTP, POP3 and FTP. Any account using 10% or more system
resources (CPU & Memory) for longer than 30 second intervals
will be flagged and reviewed. Accounts using continuous
excessive resource usage will be sent notification to correct
the problem. After 3rd notice we may suspend or terminate the
account without notice.
Customers
may not run IRC, bots or clients on shared servers. Unacceptable
uses also include, but are NOT limited to: Bulk emailing,
unsolicited emailings, newsgroup spamming, illegal content,
copyright infringement, trademark infringement, warez, cracks,
software serial numbers, and/or anything else determined by
Proaxxs Web Solutions to be unacceptable use of Proaxxs Web
Solutions services including abuse of server resources. We do
not tolerate violations and attempted violations of system and
network. We do not allow mini download sites, warez sites, or
proxy sites.
Shared
hosting accounts may be terminated that include the following
content or which have links to the following content: Providing
material that is grossly offensive to the Web community
including blatant expressions of bigotry, racism, hatred, or
profanity Promoting or providing instructional information about
illegal activities, or promoting physical harm or injury against
any group or individual Displaying material containing obscene
nudity or pornographic material, unless you have adult-content
enabled (see adult sites below) Displaying material that
exploits children under 18 years of age Acts of copyright
infringement including offering pirated computer programs or
links to such programs, information used to circumvent
manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of
cracker utilities.
Inode Usage
Excessive inode usage is deemed to be a potential harm to the
servers. To maintain the quality of our servers, we have
implemented the following inode usage formula:
Individual shared accounts: A total of 25,000 inodes are allowed
per individual account.
Reseller accounts: A total of 500,000 inodes are allowed per
reseller account.
Master reseller accounts: A total of 1,000,000 inodes are
allowed per master reseller account.
The use of more than the above stated amounts per account may
potentially result in suspension, termination, flagged for
review, and/or given an option of adding to their account.
Accounts found to be exceeding their limits will automatically
be removed from our backup system to avoid over usage. Every
file (a webpage, image file, email, etc) 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 suspended, terminated, or
flagged for review.
The primary cause of excessive inodes seems to be due to users
leaving their catchall address enabled, but never checking their
primary account mailbox. Over time, tens of thousands of
messages (or more) build up, eventually pushing the account past
our inode limit. To disable your default mailbox, login to
cPanel and choose "Mail", then "Default Address", "Set Default
Address", and then type in: :fail: No such user here
Abuse of Unlimited Features
When we
say unlimited domains, unmetered disk space and unmetered
bandwidth, of course there are terms & conditions that you
must adhere to. This means unlimited webpages, domains and web
graphics, not downloads or streaming media*. Our servers are
shared hosting servers and memory and CPU usage is not
unlimited. CPU intensive files are not permitted on our
servers and accounts may not to be used to host a collection
of mp3s, audios, videos, anime, .rar files, Warez, gamers
sites, shout cast and similar, or to backup your computer or
another source. They may not be used for general storage of
any type. They may not be used as download mirrors or
download/upload portals. While the sale of eBooks and other
legal small download files are permitted within reason with
the unlimited package, hosting and storage of mass quantities
where our servers are used as a distribution point is not
permitted.
Proaxxs
Web Solutions customers are privileged to be offered unlimited
traffic for their web sites. The intention of Proaxxs Web
Solutions is to provide a large space to serve web documents,
not an off site storage area for electronic files. Most (90%)
of your web pages (html) must be 'linked' with files (.GIF,
.JPEG, etc.) stored on Proaxxs Web Solutions server. Web sites
that are found to contain either/or no html documents, a large
number of unlinked files are subject to warning, suspension or
cancellation at the discretion of Proaxxs Web Solutions
management. Any customer who violates Proaxxs Web Solutions
Policies in abusing either space/site transfer will be
notified and given 2 days to remedy the problem. If the
problem is not resolved within the allotted period, the client
will be billed for the overages.
For those
that do not qualify for the unmetered/unlimited service, traffic will go
unmonitored until you reach the amount of quota allocated to
your specific web hosting plan. Thereafter, you will be charged
for any overages accordingly. You are responsible for keeping
track of your overage for disk space and bandwidth. You can
check your disk space and bandwidth within whm or cpanel.
Bandwidth is charged at $5 per 3 GB minimum, and disk space is charged
at $5 per 1,000 MB minimum, over your package at the end of
the billing cycle if you have exceeded your allocation. If you
see you will be exceeding your allotted space or bandwidth it
may be more beneficial to upgrade to another plan.
You will
have 3 days to pay for your overages. If you do not pay for your
overages your site will be disabled within 3 days of your first
notice.
Proaxxs Web
Solutions will be the sole arbiter as to what constitutes a
violation of this provision
Email - READ CAREFULLY
All Unsolicited Bulk Email
or "UBE", email which is both unsolicited and bulk, is hereby defined in
this AUP as spam. Unsolicited means the recipient did not give verifiable,
deliberate, explicit, and revocable permission for the message to be sent.
Bulk means the message was sent to multiple recipients with substantively
identical content and, therefore, the recipient's personal identity and
context are irrelevant because the email is equally applicable to multiple
recipients. Spam is an issue of consent, not content. No other definition
of spam including, without limitation, Title 15 USC Chapter 103
Controlling the Assault of Non-Solicited Pornography and Marketing § 7702
et. al or "CAN-SPAM Act" applies to the definition of spam as used in this
AUP. Please be aware that if we receive excessive amounts of abuse notices
concerning SPAM, we may levy an administrative fee of not less than $25
per incident. ***NOTE: We depend on our clients assistance in SPAM issues.
Please note that failure to respond to a SPAM notice within 24 hours, may
result in service interruption and a $75.00 reactivation fee. We require
DOUBLE opt-in mailing lists obtained through a closed-loop opt-in process,
as defined in our AUP and at
http://www.spamhaus.org/mailinglists.html - DOUBLE OPT-IN Procedure as
explained here:
http://nct.digitalriver.com/ecm/doihowto/
Bulk
Email
We understand that bulk
email is an important mechanism for keeping people informed. However,
spamming (unsolicited advertising), from the Proaxxs network, or
spamvertising (unsolicited advertising of) sites hosted on the Proaxxs
network is STRICTLY prohibited.
Legitimate bulk email meets the following criteria:
1) The recipient has confirmed his willingness to be added to the
distribution list of the mailing, by responding to a verification email,
or, otherwise, verifiably confirming permission. (Evidence of such must be
retained and available by request.)
2) Messages include: Valid
headers, removal instructions, and information on the method by which the
subscribed address was obtained.
All bulk email senders must
post privacy policies, in association with the sending domains.
Co-registration is not prohibited, but explanations of the sharing of
information must be both publicly available and included in the
confirmation mechanism for list subscription.
If Proaxxs approaches a
client for evidence of confirmation, this request must be honored within
24 hours.
Failure to meet the
acceptable criteria for bulk mail may lead to immediate termination.
Additionally, if such
actions have caused mail servers or IP address ranges on the Proaxxs
network to be blacklisted, Proaxxs reserves the right to assess a $150
charge to the customer account. This fee is set to cover administrative
costs associated with removal from such lists.
The use of our network to
send bulk email whether opt-in or otherwise, and the use of bulk email to
promote a site on our network is strictly forbidden. As a guideline, we
consider sending over 200 emails at once, and over 2,000 a day, as
bulk email. Large mailings are preferred to be sent from the hours of 12AM
- 8AM EST.
Undesirable Content
Certain
types of content are not permitted on our network. We do not
host pornographic content of any description, unless your plan
comes with this feature, or you selected adult content as an
option.. We reserve the right to determine what constitutes
pornographic content and what does not (see adult sites below).
Adult Sites
Adult
commercial sites are not permitted on our standard hosting
servers.
Adult and pornographic media is only permitted on our servers
that allow adult content.
Pornographic media sites
MUST have
a disclaimer page, and only sites with LEGAL content are
allowed. No underage models or children. If your site is not
hosted on one of our adult hosting servers, you site may be
suspended or terminated.
FFMPEG and Video Streaming
We will
allow Video Streaming sites and even sites that requires FFMPEG
to run, but you are responsible for the content of the site. No
illegal use of copyrighted materials are allowed.
Video Streaming or FFMPEG is only allowed if your site is FFMPEG
enabled.
100% Uptime Guarantee
This 100%
uptime guarantee applies to any Proaxxs Web Solutions client in
good financial standing with Proaxxs Web Solutions at the time
of a service outage.
Proaxxs Web
Solutions guarantees Network Availability of the Service of 100%
across its Network. If the Proaxxs Web Solutions Network
experiences Network unavailability for more than 10 consecutive
minutes, the Customer will receive, at Customer's request, a
Service Credit, as shown below,
Proaxxs Web
Solutions administrators will determine the end of the downtime
by a traceroute from outside the Proaxxs Web Solutions network.
Proaxxs Web Solutions Network means the telecommunications/data
communications network and network components owned, operated or
controlled by Proaxxs Web Solutions.
In the event
that your web site is not available for less than 100%, Proaxxs
Web Solutions will credit your account as follows. For any
shared hosting client, such credit shall be retroactive and
shall be as calculated below and as measured 24 hours a day in a
calendar month, with the maximum credit not to exceed one
hundred (100)
percent of the monthly service charge for the affected month.
Monthly Uptime Credit:
99.9% to 100% your account will be credited 0% of
your monthly hosting fee
99.7% to 99.8% your account will be credited 5%
of your monthly hosting fee
99.4% to 99.6% your account will be credited 10%
of your monthly hosting fee
99% to 99.3% your account will be credited 25% of your monthly hosting fee
98% to 98.9% your account will be credited 50% of your monthly hosting fee
97.9% or below your account will be credited 100% of your monthly hosting fee
In order for
you to receive a credit on your account, you must request such
credit within seven (7) days after you experienced the down
time. You must request credit by sending a request through your
account by logging into your password-protected account, or by
sending the request through our contact form, to billing. The
body of this message must contain your account information, the
dates and times of the unavailability of your website, and such
other customer identification requested by Proaxxs Web
Solutions. Credits will usually be applied within sixty (60)
days of your credit request. Credit to your account shall be
your sole and exclusive remedy in the event of an outage.
Restrictions. Credits shall not be provided to you in the event
that you have any outage resulting from (1.) scheduled
maintenance as posted from time to time at Proaxxs Web
Solutions, (2.) your behavior or the performance or failure of
your equipment, facilities or applications, or (3.)
circumstances beyond Proaxxs Web Solutions reasonable control,
including, without limitation, acts of any governmental body,
war, insurrection, sabotage, embargo, fire, flood, strike or
other labor disturbance, interruption of or delay in
transportation, unavailability of interruption or delay in
telecommunications or third party services, including DNS
propagation, domain name registration / transfer, failure of
third party software or hardware or inability to obtain raw
materials, supplies, or power used in or equipment needed for
provision of your web site, or (4.) a client breaking any item
in Proaxxs Web Solutions 's "terms of conditions and acceptable
use policy" causing a machine to fail as a result
CGI Scripts
Each shared
web hosting account comes with its own cgi-bin. You are free to
use any CGI scripts you wish, however we reserve the right to
disable any CGI script that effects normal shared server
operation without prior warning.
Chat Rooms
We do not allow clients to
install their own chat rooms within a shared hosting account,
without approving it with the Proaxxs Web Solutions sales
department. Most chat rooms tend to be large system hogs and we
cannot allow it as an account option. However, we could
accommodate Java chat rooms with approval which should more than
fill your needs and run without hindering the performance of the
machine for others. Note: Parachat chat rooms do not apply to
this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not
allow clients to send more than 200 pieces of e-mail per hour,
and no more than 2000 pieces of e-mail per
day
from a shared hosting account. If you do send more than 2000
pieces of e-mail per day, your account will be placed on hold
for Network Abuse. If you are sending legitimate e-mails and
they total more than 2000 per day your account will be moved to
a special server that is specifically designed to handle high
volumes of e-mail. You will be charged $150.00/month in addition
to your regular hosting charges if your account is moved to this
server. Please contact support to have your domain moved.
Background Running Programs
We may allow
programs to run continually in the background. These are
considered on a one-to-one basis and an extra charge will be
incurred based on system resources used and operational
maintenance needed.
IRC
We currently
do not allow IRC or IRC bots to be operated on our servers. You
can however, install IRC clients on managed dedicated servers.
IRC servers are not permitted on our network
Payment Policies
All accounts
are set up on a pre-pay basis. Setup fees are charged for all
new accounts and major account changes and are non-refundable.
All pricing is guaranteed for the term of pre-payment. Proaxxs
Web Solutions reserves the right to change prices at any time,
unless other terms have been agreed upon. Any account not
brought current within a week (7 days) of e-mail notice or
exceeding this time frame in any way is subject to suspension.
The customer is responsible for all money owed on the account
from the time it was established to the time that the customer
notifies Proaxxs Web Solutions to request for termination of
services. All payment is in U.S. currency. Proaxxs Web Solutions
will bill each client $50 per returned check, per wire transfer
received and per credit card chargeback received. Any PayPal or
Credit Card chargeback is subject to a minimum $50 fee, up to
$100. All Proaxxs
Web Solutions accounts are setup on anniversary billing cycles.
Your particular billing cycle corresponds to the contract length
that was initially chosen at setup. Your account will
automatically renew at this length. There is no fee to change to
a shorter billing cycle at the end of the current cycle.
Cancellation
Proaxxs Web
Solutions reserves the right to cancel service at any time. All
fees paid in advance of cancellation will be pro-rated and paid
by Proaxxs Web Solutions if Proaxxs Web Solutions institutes its
right of cancellation. Any partial month will not be
pro-rated and in not refundable. Any violation of policies which results
in extra costs will be billed to the customer (i.e. transfer,
space etc.)
All of
Proaxxs Web Solutions web hosting plans are backed by a 30 day
money back guarantee. If you are not completely satisfied with
our services or support within the first 30 days of your
service, you will be given a full refund of the contract amount
excluding setup fees, domain registration fees, add-on/upgrade
fees, licenses, dedicated IP's and overages. Setup fees are refundable only if the account
order is canceled prior to account activation. For all web
hosting clients who cancel, the full contract amount less any
setup fees and overages will be refunded if Proaxxs Web
Solutions is notified within the first 30 days following
activation. No refund is available after the 30th day. This
policy does not apply to any additional services such as
overages, referrer logs, real audio/video, additional disk
space, additional pop accounts, domain registration fees etc.
Due to security concerns, all account cancellations must be done
via your password-protected account, or contact form. Email
requests will not constitute acceptance of any cancellation.
Refunds will be made by company check or issued back to your
credit card or paypal within 30 days of receipt of cancellation.
If you
prepay 3 months, 6 months, or 1 year to save money, but for some
reason need to cancel your service early, then your contract
will revert to a month-to-month contract and we will refund the
difference between the 3 months, 6 months, 1 year prepay rate
and the rate had you signed up for month to month service from
the beginning. Any partial month will not be refundable.
Cancellation requests after the first 30 days of service must be received at least
two (2) days prior to your
"monthly" renewal date. If cancellation of service is not done
(2) days prior to your "monthly" renewal date, you will be
billed the following month and every month, including any late
fees, thereafter until we receive the proper cancellation
notice as outlined above. The date you send your cancellation is
the date your account will be cancelled.
Our billing system is automated and
canceling your PayPal, 2CheckOut or Credit Card subscription may result in
immediate cancellation of your hosting account regardless of any remaining
time left that you have pre-paid for. Once your account is cancelled,
there is no way to retrieve your data. Please backup you data before you
cancel. There will be a $25 reactivation fee for any account cancelled or
suspended and
then reactivated, NO EXCEPTIONS.
NOTE: Not canceling through our
ticketing system, or canceling your paypal subscription, or moving your
service elsewhere, is NOT a valid method of cancellation--nor is Proaxxs
even aware if such occurs.
Account Setup & Email on file
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. (gmail,
hotmail, yahoo would be a good email choice) If there is ever an
abuse issue or we need to contact you. The primary email address
on file will be used to do so. It is YOUR responsibility to
ensure the email address on file is current or up to date at all
times., and to check your spam/bulk folder, as we have no
control over this
Intellectual Property Rights
Material
accessible to you through Proaxxs Web Solutions services may be
subject to protection under the United States or other copyright
laws, or laws protecting trademarks, trade secrets or
proprietary information. Except when expressly permitted by the
owner of such rights, you must not use Proaxxs Web Solutions or
its servers and network in a manner that would infringe,
violate, dilute or misappropriate any such rights, with respect
to any material, which you access or receive through the Proaxxs
Web Solutions network. If you use a domain name in connection
with Proaxxs Web Solutions or similar service, you must not use
that domain name in violation of any trademark, service mark, or
similar rights of any third party
Network Security
Customers
may not use the Proaxxs Web Solutions network with an attempt to
circumvent user authentication or security of any host, network,
or account. This includes, but is not limited to, accessing data
not intended for the customer, logging into a server or account
the customer is not expressly authorized to access, password
cracking, probing the security of other networks in search of
weakness, or violation of any other organization's security
policy. Customers may not attempt to interfere or deny service
to any user, host, or network. This includes, but is not limited
to, flooding, mail bombing, or other deliberate attempts to
overload or crash a host or network. Proaxxs Web Solutions will
cooperate fully with investigations of violations of systems or
network security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected
criminal violations. Users who violate system or network
security may incur criminal or civil liability.
Electronic Commerce
You will be
solely responsible for the development, operation and
maintenance of your online store and products and all contents
and materials appearing online or on your products, including
without limitation (a) the accuracy and appropriateness of
content and materials appearing within the store or related to
your products, (b) ensuring that the content and materials
appearing within the store or related to your products do not
violate or infringe upon the rights of any third party, and (c)
ensuring that the content and materials appearing within the
store or related to your products are not libelous or otherwise
illegal. You will be solely responsible for the final
calculation and application of shipping and sales tax. You will
also be solely responsible for accepting, processing, and
filling any customer orders, and for handling any customer
inquiries or complaints arising therefrom.
You are also
responsible for the security of any customer credit card numbers
and related customer information you may access as a result of
conducting electronic commerce transactions through your Web
Site. You will keep all such information confidential and will
use the same degree of care and security as you use with your
confidential information.
Static / Dynamic Content Caching
You
expressly (i) grant to Proaxxs Web Solutions a license to cache
the entirety of your Web Site, including content supplied by
third parties, hosted by Proaxxs Web Solutions under this
Agreement and (ii) agree that such caching is not an
infringement of any of your intellectual property rights or any
third party's intellectual property rights.
IP Address Ownership
Proaxxs Web
Solutions shall maintain and control ownership of all IP numbers
and addresses that may be assigned to you by Proaxxs Web
Solutions and Proaxxs Web Solutions reserves, in its sole
discretion, the right to change or remove any and all such IP
numbers and addresses.
Domain Name Registration
Customer
agrees to pay Proaxxs Web Solutions prior to the effectiveness
of the desired domain name registration, the then-current
amounts set forth in the Proaxxs Web Solutions price schedule
for the initial registration of the domain name and, should
Customer choose to renew the registration, subsequent renewals
of the registration. All fees are non-refundable, in whole or in
part, even if Customer's domain name registration is suspended,
cancelled or transferred prior to the end of Customer's then
current registration term. Proaxxs Web Solutions reserves the
right to change fees, surcharges, renewal fees or to institute
new fees at any time, for any reason, at its sole discretion.
Customer's requested domain name will not be registered unless
and until we receive actual payment of the registration fee, and
have confirmed Customer's registration in an email from Proaxxs
Web Solutions to the email address indicated in Customer's
registration application. In the event of a chargeback by a
credit card company (or similar action! by another payment
provider allowed by Proaxxs Web Solutions) in connection with
the payments of the registration fee for Customer's domain name
registration, Customer agrees and acknowledges that the domain
name registration shall be transferred to Proaxxs Web Solutions
as the paying entity for that registration to the registry and
that we reserve all rights regarding such domain name including,
without limitation, the right to make the domain name available
to other parties for purchase. Proaxxs Web Solutions will
reinstate Customer's domain name registration solely at Proaxxs
Web Solutions 's discretion, and subject to our receipt of the
initial registration or renewal fee and our then-current
reinstatement fee.
Lawful Purpose
Proaxxs Web
Solutions reserves the right to refuse service to anyone.
Customers may only use Proaxxs Web Solutions server for lawful
purpose. Transmission of any material in violation of any
Federal, State or Local regulation is prohibited. This includes,
but is not limited to copyrighted material, material legally
judged to be threatening or obscene, and material protected by
trade secrets. The designation of any materials as such
described above is left entirely to the discretion of Proaxxs
Web Solutions management. Regardless of the place of signing
this agreement, the client agrees that for purposes of venue
this contract was entered into in Lancaster, California and any
dispute will be litigated or arbitrated in Lancaster,
California. Defendants further waive all objections to venue and
acknowledge that venue in any such litigation will be held in
California courts. IN NO EVENT SHALL Proaxxs Web Solutions 'S
MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER
AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD PROAXXS
WEB SOLUTIONS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES
ASSERTED AGAINST PROAXXS WEB SOLUTIONS, 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, IT'S AGENTS, EMPLOYEES OR ASSIGNS.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROAXXS
WEB SOLUTIONS AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY
TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH PROAXXS WEB SOLUTIONS SERVER; (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
CUSTOMER FROM PROAXXS WEB SOLUTIONS SERVER
Disclaimer
Proaxxs Web
Solutions WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS
MAY SUFFER. Proaxxs Web Solutions MAKES NO WARRANTIES OF ANY
KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Proaxxs Web
Solutions DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING
FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL
SERVICE INTERRUPTIONS CAUSED BY Proaxxs Web Solutions AND ITS
EMPLOYEES. Proaxxs Web Solutions RESERVES THE RIGHT TO REVISE
ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND
DEDICATED SERVERS OF Proaxxs Web Solutions MUST ADHERE TO THE
ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE
GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
Data Back-Up
Although
regular remote back-ups will be performed (some servers have
local backups), We will not be held responsible for any loss of
data. It is up to you to ensure you maintain a local copy of
your web data for your own back-up purposes.
Forum Posts & Reviews
We have a
zero tolerance policy for posting negative feedback on any
public forum or review site about our company and/or our
employees before submitting a ticket to our 'Feedback'
department to discuss your issue. Violators will result in immediate
account termination without any refund. Although it is your
right to post feedback without discussing your issue with us
first, it is unfair and unprofessional not to, which
is not the type of client we want to deal with. We have the
utmost respect for all of our clients, and are more than fair
with all of our clients. We will do anything and everything
possible to keep all of our clients satisfied. But in the
unlikely event you are not satisfied, all that we ask is to
discuss your issue with our Feedback department first. So if you
are the type of person to run to the forums or review site at
the first chance you get to complain, please do not sign up with
us
Privacy Statement
Proaxxs Web
Solutions follows the strict guidelines of our customer privacy
statement. Please make sure you understand this statement fully
Prosecution and Fines
Proaxxs Web
Solutions cooperates fully with law enforcement agencies in the
investigation and prosecution of criminal activity and has zero
tolerance for violations of this AUP. We reserve the right to
levy charges of $500 to $5000 USD per incident for any violation
of this AUP.
Modification
Proaxxs Web
Solutions reserves the right to add, delete, or modify any
provision of its Terms of Use / AUP at any time without notice.
If you are a current client of Proaxxs, it is your
responsibility to check back to this page every 30 days and
check for any important or relevant updates.