Acceptable Use Policy

ProHosted Technologies, LLC. ("PHT") provides various internet services to its clients ("Client"). In order to provide safe and secure services to each and every client, PHT must state certain policies which denote acceptable and unacceptable use by Client.

These policies will be updated periodically. PHT will attempt to contact Client via telephone, electronic mail, or postal service to make Client aware of modifications made to this document. PHT will make a total of three (3) attempts to contact Client via the methods mentioned above. The following are logged for the protection of both PHT and Client:

. Telephone calls
. Electronic messages
. Physical documentation sent via postal service

Client, by acceptance and/or use of PHT services, is legally bound to the terms set within this document.

Disclaimer:

PHT will not be responsible for any damages Client may suffer. PHT wishes to offer excellent services to each and every Client, but makes no warranties of any kind, expressed or implied, for services provided. PHT disclaims any responsibility to loss of data resulting from failed hardware, human error, or service interruptions caused by PHT or its service providers.

Indemnification:

Client will hold harmless and indemnify PHT from any and all demands, liabilities, losses, costs and claims, that may arise or result from any service provided or performed or agreed to be performed by PHT.

Domain Registration:

Domain registration performed by PHT for Client is done in name only. PHT is in no way involved with Client or their hosting services other than as a provider of said services. PHT cannot be held responsible for website content, unsolicited e-mail sent by Client, legal or other disputes and cannot be held accountable for any actions taken by Client or indirectly by Client through medium of hosting services.

Billing:

PHT does not accept payment in any form other than forms mentioned below. PHT will ONLY accept payment in US Dollars (USD).

Invoices for your account will be sent on the first (1st) of every month. Payment will be accepted no later than the seventh (7th) day of every month. After the 7th day of the month, if payment has not yet been received, Client will have their services suspended until Client contacts PHT.

If payment cannot be made on the designated day, it is the responsibility of Client to contact PHT to make alternate arrangements, or cancel their account. If account termination is requested, Client must pay their balance in FULL as well as a $15.00 (fifteen dollars) fee.

PHT does NOT store client information on publicly-accessible servers. Information includes and is not limited to:

. Billing information
. Client personal information
. Credit Card Information

If check is the selected payment method, a PHT representative will contact Client prior to activation to protect Client and their assets. Accounts paid for by check will take a minimum 2-3 days for processing due to bank restrictions and operations. After the check has cleared, the account will be activated. There will be a $35.00 (thirty-five dollar) fee for all checks returned.

If money order is the selected payment method, account activation will commence after the money order has been verified. There will be a $15.00 (fifteen dollar) fee for all rejected money orders.

If PayPal is the selected method of payment, account activation will commence after funds have been transferred and verified.

If credit card is the selected method of payment, account activation will commence after funds have been transferred and the card has been verified. Chargeback fees are currently $35 USD (thirty-five US Dollars).

Furnishing false data on the signup form, including fraudulent use of credit card numbers, is grounds for immediate account termination and the offender will be prosecuted to the fullest extent of the law.

Accepted credit card types:

Visa, MasterCard, American Express, Discover/Novus, Diners Club and JCB and derivatives of those brands.

PHT is NOT responsible for credit card theft (e.g.: services purchased via stolen credit cards), but will cooperate with law enforcment agencies to their fullest abilities.

Client is responsible for all money owed on account from the time it was established to the time the account is terminated, either by Client request, or an AUP violation. PHT will not accept new accounts from a previous client that had an account terminated due to an AUP violation.

Client understands and agrees with the following terms:

. All accounts are established on a pre-pay basis.
. All client data including electronic messages and web content will become property of PHT upon account termination due to an AUP violation.

Cancellation/Termination:

PHT may terminate Client service due to breach of contract (violation of items set forth in this document), and no refund will be provided. PHT reserves the right to terminate Client service at any time, for any reason.

If Client services are terminated, PHT will send notification via the methods mentioned above, and if possible, surrounding issues will be attempted to be resolved.

Surrounding issues include and are not limited to:

. Breach of contract (violation of items set forth in this document)
. Direct or indirect harm done to PHT staff or resources

Client may terminate service and receive a full refund, if cancellation is requested within the first 4 hours of service. Client termination of service after first 4 hours of service will not entitle Client to a refund. After 4 hours, all sales are final.

Passwords:

Passwords must contain a minimum of 8 characters. The password chosen must consist of numbers, letters (alternating case suggested), and symbols (Example: $#!*&). For security, we do not store original passwords. They are encrypted,
and cannot be decrypted without the original password itself. If you've forgotten a password, it must be reset.

Maintenance/Notification of Anticipated and Unanticipated Downtime:

As maintenance is always required, PHT will notify Client of any sort of downtime due to maintenance THREE(3) days prior to downtime. Client will be contacted by any or all of the three methods mentioned above. Client will be given sufficient notice in order to preserve the integrity of data and the ability to prepare patrons of their website for the downtime. PHT reserves the right to at least TWO(2) days out of the calendar month for maintenance purposes for time periods of THREE(3) hours during the hours of 12AM EST and 6AM EST unless unprecedented circumstances require attention for greater lengths of time.

Maintenance includes but is not limited to:

. Unanticipated hardware failures/Hardware replacement
. Cleaning
. Upgrades
. Backups/Rotation

In the event of unanticipated downtime, PHT will contact Client as soon as possible via the methods mentioned above.

General Account Usage Information:

Spamming:

Sending unsolicited bulk and/or commercial messages over the Internet (also known as "spamming") is prohibited. This practice is harmful not only because of its negative impact on consumer attitudes toward PHT, but also because it can overload PHT's network and disrupt service to PHT clients.

Intellectual Property:

Engaging in any activity that infringes or misappropriates the intellectual property rights of others is prohibited. This includes copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Engaging in activity that violates privacy, publicity, or other personal rights of others is likewise prohibited. PHT is required by law to remove or block access to client content upon receipt of a proper notice of copyright infringement. The above terms also apply to copywritten media, such as video, and audio (regarding ProHosted Shoutcast Servers). PHT is not responsible for legal litigation for any and all clients due to copyright infringement cases. It is also PHT's policy to terminate the privileges of clients who commit repeat violations of copyright laws.

Obscene Speech or Materials:

Using PHT's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. In addition, PHT is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through PHT's network.

Defamatory or Abusive Language:

Using PHT's network as a means to transmit or post defamatory, harassing, abusive, or threatening language is prohibited.

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities:

Distributing information regarding the creation and sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks is prohibited. Activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment are likewise prohibited.

Export Control Violations:

Exporting encryption software over the Internet or otherwise, to points outside the United States is prohibited.

DoS (Denial of Service)/DDoS (Distributed Denial of Service) Attacks:

Client will not assist in or perform DoS/DDoS attacks. If Client is found to be in breach of this contract opposing the preceding statement, Client will have services terminated immediately with no refund.

Dedicated servers:

All above terms are applied to dedicated servers (rules, guidelines, standards). If Client or patron of Client violate the above, server access will be terminated without refund and with notification only after termination to preserve the security and integrity of our network and clients expeditiously.

Downtime due to:

Hardware issues

PHT will rectify any hardware issues found with any dedicated servers. Downtime due to hardware issues is not the fault or responsibility of PHT. If necessary, hardware will be ordered to replace faulty hardware and may take up to several days for arrival during which time PHT will provide an alternate solution until said hardware arrives.

Software issues

PHT will not be held accountable for downtime due to post-deployment configuration modifications. If Client has made a critical change to server which affects performance or ability to operate, Client will be held solely accountable. Refunds will not be made.

Other Illegal Activities:

Engaging in activities that are determined to be illegal is prohibited. This includes advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities:

Engaging in activities, whether lawful or unlawful, that PHT determines to be harmful to its clients, operations, reputation, goodwill, or customer relations is prohibited.

Violation of the afore-mentioned constitutes breach of contract and will result in immediate account suspension and/or termination, without refund. All files, electronic messages, or other account items will become property of PHT.

Complaints with regard to violation of PHT's AUP can be sent to abuse@prohosted.net. All claims will be fully investigated before any action is taken.

Any questions regarding billing can be sent to billing@prohosted.net.