Acceptable Use Policy - Shared & Reseller Hosting


This "Acceptable Use Policy" or "AUP" of Proaxxs, LLC applies to all divisions, subsidiaries, affiliates and identities used by Proaxxs, LLC and references hereinafter to Proaxxs. 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. We may, from time to time at the sole discretion of Proaxxs, 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, 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 provides Internet World Wide Web hosting, Marketing, and Development. Proaxxs has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

 

Proaxxs general policy is to act as a provider of Internet presence. Proaxxs reserves the right to suspend or cancel a customer's access to any or all services provided by Proaxxs 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 24 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 24 hours.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Proaxxs is strictly prohibited. Unauthorized use of other people's accounts or computers. Proaxxs 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 customer, whether or not the attacked account or computer belongs to Proaxxs, 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 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 to be unacceptable use of Proaxxs 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.

Account Resources

Each plan will have allocated bandwidth and disk space. If you are to go over these allocations, for best value you should ask to upgrade your plan. If you do not upgrade your plan, 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 $4 per 10 GB minimum, and disk space is charged at $2 per 1,000 MB minimum, over your package at the end of the billing cycle if you have exceeded your allocation. 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.

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/whitepapers/mailinglists/

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 client in good financial standing with Proaxxs at the time of a service outage.

Proaxxs guarantees Network Availability of the Service of 100% across its Network. If the Proaxxs 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 administrators will determine the end of the downtime by a traceroute from outside the Proaxxs network.


Proaxxs Network means the telecommunications/data communications network and network components owned, operated or controlled by Proaxxs.

In the event that your web site is not available for less than 100%, Proaxxs 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:

 

Uptime Credit
100% Guaranteed
99.8% 10%
99.6% 20%
99.4% 30%
99.2% 40%
99.0% 50%
98.8% 60%
98.6% 70%
98.4% 80%
98.2% 90%
Less than 98% 100%


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. 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, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond Proaxxs 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 "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 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

Policy Violations

Any account in violation of any laws, or otherwise prohibited by our AUP, is cause for temporary account deactivation, server/service termination, or complete cancellation of all account services. The Abuse Dept will make an attempt to contact the involved client via email when the first sign of a possible violation is noted. This notification may occur before or after a service is disabled. Alerts are provided as a courtesy. Prompt responses to alerts are required. When an alert is sent, the designated abuse contact is responsible for acknowledging his/her understanding of the offense and providing an adequate response, to the abuse departments satisfaction of the notice, within the time frame requested. Failure to sufficiently respond to an abuse alert will lead to suspension of any active services involved in abusive activity and will result in a minimum $65 fee, and maximum $150 fee.

 

All abusive accounts/services are subject to immediate suspension or disconnection of all provided Services, not just the Service that is past due or delinquent.

 

If reactivation is warranted, all abuse fees and any outstanding service fees must be paid prior to service being reactivated. Repeated abuse and/or failure to respond to abuse alerts will result in service termination.

Cancellation

Proaxxs reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Proaxxs if Proaxxs 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 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 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, 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 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 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 network. If you use a domain name in connection with Proaxxs 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 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 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 a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Proaxxs 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 shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Proaxxs and Proaxxs 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 prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Proaxxs 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 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 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) 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 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 will reinstate Customer's domain name registration solely at Proaxxs discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Lawful Purpose

Proaxxs reserves the right to refuse service to anyone. Customers may only use Proaxxs 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 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 MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD PROAXXS HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST PROAXXS, 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 AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH PROAXXS 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 SERVER

Disclaimer

Proaxxs WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Proaxxs MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Proaxxs 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 AND ITS EMPLOYEES. Proaxxs RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Proaxxs 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.

Privacy Statement

Proaxxs follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully

Prosecution and Fines

Proaxxs 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 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.