Pro Media Systems’ TERMS OF SERVICE AGREEMENT
- USER CONDUCT
- INDEMNIFICATION
- REFUSAL OR DISCONTINUANCE OF SERVICE
- NO WARRANTIES
- ECPA NOTICE
- IDENTIFICATION INFORMATION
- NO INTERFERENCE WITH OPERATION OF SYSTEM
- SECURITY
- BACKUP OF DATA
- UNLIMITED FEATURES
- CONTENT
- TRANSMITTAL OF MATERIALS
- RESOURCE USAGE
- PAYMENT
- PRIOR AGREEMENTS
- SEVERABILITY
- APPLICABLE LAW, JURISDICTION, AND SERVICE
- ACKNOWLEDGEMENT
Pro Media Systems is a Web hosting provider providing the account holder (hereinafter called Customer) a virtual private server environment on an Internet server. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below.
This agreement represents the complete agreement and understanding between Pro Media Systems and the Customer and supersedes any other written or oral agreement. Upon notice published on its Website, Pro Media Systems may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
Under the terms of this agreement, your placement of information on Pro Media Systems’ servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on Pro Media Systems’ servers, and should notify our Billing Department through the helpdesk so that we can close your account.
USER CONDUCT
Pro Media Systems’ services may only be according to the law. Any use of these services which violates any local, state, federal, or international laws which may apply to Pro Media Systems, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
While using the service, you may not:
- Restrict or inhibit any other user from using the Internet;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
- Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
Pro Media Systems reserves the right to remove any and all materials which infringe on copyright work. Such materials will be removed immediately upon receiving a complaint and or notice of copyright infringement.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pro Media Systems from any and all liability, penalties, losses, damages, costs, expenses, attorneys" fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Pro Media Systems, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Website content.
REFUSAL OR DISCONTINUANCE OF SERVICE
Pro Media Systems reserves the right to refuse or discontinue service to anyone at Pro Media Systems’ sole discretion. Pro Media Systems may deny you access to all or part of the service without notice if you engage in any conduct or activities that Pro Media Systems, in its sole discretion, believes violates any of the terms and conditions in this agreement. Pro Media Systems shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Pro Media Systems has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Pro Media Systems reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. NB: All expired domain names will be put up for auction on the 3rd day past expiration. If the domain has not had any bids, the owner has the option of purchasing the domain for a redemption fee until the 42nd day after expiration, when the domain is subject to deletion.
NO WARRANTIES
Pro Media Systems makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, no infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Pro Media Systems or its agents or employees shall create a warranty. Pro Media Systems provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Pro Media Systems be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties" use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties" reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Pro Media Systems service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on Pro Media Systems’ servers that such information becomes available to all Internet users and that Pro Media Systems has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Pro Media Systems’ servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Pro Media Systems or on the Internet generally.
ECPA NOTICE
Pro Media Systems reserves the right to monitor any and all communications through or with our facilities. You agree that Pro Media Systems is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Pro Media Systems with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by Pro Media Systems, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Pro Media Systems. You agree to abide by any and all future Pro Media Systems policy decisions.
SECURITY
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Pro Media Systems immediately in writing by registered mail, with return receipt, to Pro Media Systems, P.O. BOX 22930, KAMPALA, UGANDA, EA. You shall be held fully responsible for any misuse or compromise of your account for which Pro Media Systems is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g., FrontPage webs, additional FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, Pro Media Systems has the right to suspend access to the account pending an investigation and resolution. You also agree that Pro Media Systems has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.
BACKUP OF DATA
Your use of the service is at your sole risk. Pro Media Systems is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Pro Media Systems servers.
UNLIMITED FEATURES
What do you mean by "unlimited disk space and bandwidth/data transfer"
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business web site.
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PLEASE NOTE THAT, WITH OUR PRO PLUS AND UG PLUS PLANS, YOU CAN ONLY HOST ADDON DOMAIN NAMES REGISTERED THROUGH Pro Media Systems EITHER DIRECTLY OR THORUGH ONE OF IT'S RESELLERS. Violating the above, would lead to the deletion of your add-on domain name with or without a notice. |
If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers beforehand, can occur without notice.
Excessive Resource User Policy:
Resources are defined as bandwidth, memory and/or processor utilization. Pro Media Systems offers a shared web hosting service in which environment customers may share resources with other customers, therefore it is imperative that Pro Media Systems control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 8% or more of system resources for longer than 60 seconds. There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. Any site that consumes over the account limit of bandwidth is also considered an "excessive resource" user. In the event of excessive resource usage Pro Media Systems may act in the following manner: if the excessive usage may cause a disruption of service to any other customer, Pro Media Systems may suspend that customer’s account prior to notify that customer, Pro Media Systems may also contact the. excessive usage. customer prior to taking any action if Pro Media Systems feels that the excessive usage will not interfere with the service of any other customer. Client suspensions prior to notification by Pro Media Systems is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" may be asked to upgrade his/her package to one of our dedicated server packages to reduce their excessive usage utilization in the future. Pro Media Systems will be the sole and final arbiter as to what constitutes a violation of this policy.
Fair Use Policy:
YOU agree to use the storage space provided to you by Pro Media Systems for the purposes of hosting YOUR website. YOU agree not to use our hosting services for personal file storage and doing so is prohibited and will, to Pro Media Systems’ discretion, result in suspension and/or termination of YOUR account with or without notice nor compensation to YOU. Some examples that may warrant an account suspension/termination include, but is not limited to:
- Files containing pornographic content, videos, pictures
- Files containing copyrighted content, videos, music
- Warez and illegal/un-licensed/pirated software
- File upload, sharing, archive storage, backup, mirroring, and distribution sites
- Sites created for the intent to drive traffic to another site.
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Resource Usage |
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User may not: 1) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. INODES The use of more than 100,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit 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. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. 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. |
CONTENT
All services provided by Pro Media Systems may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless Pro Media Systems from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [[ADMIN_MAIL]] with the information required.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel / Plesk backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
- Topsites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Brute force Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- MUDs/RPGs/PBBGs
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
Examples of unacceptable material on all Dedicated servers include:
- IRCD (irc servers)
- IRC Scripts/Bots
- Pirated Software/Warez
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/spam Scripts
- Escrow
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery Sites
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
Pro Media Systems services, including all related equipment, networks and network devices are provided only for authorized customer use. Pro Media Systems systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Pro Media Systems system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Pro Media Systems may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
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/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at sales@prosystemsug.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
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 user name 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.
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TRANSMITTAL OF MATERIALS |
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You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Pro Media Systems or any other service with reference to services obtained through Pro Media Systems, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning, and you will be held fully responsible for any damages to you, Pro Media Systems, or any other party or parties resulting from any such conduct. Zero Tolerance Spam Policy We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Pro Media Systems reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Pro Media Systems reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal. This cost of the cleanup fee is entirely at the discretion of Pro Media Systems. |
PAYMENT
You agree to supply appropriate payment for the services received from Pro Media Systems, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify Pro Media Systems of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that Pro Media Systems may apply the amount due to the provided card at any time.
REACTIVATION
Pro Media Systems may or may not require a reactivation fee when a customer account/s is/are suspended. Pro Media Systems at it's discretion may or may not charge, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by Pro Media Systems.
PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with Pro Media Systems or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of Kampala, Uganda and the St. Louis (MO), United States of America. Customer agrees that all services provided by Pro Media Systems shall be deemed to have been requested and provided in the city of Saint Louis, Missouri (USA). Customer further agrees that the Court of the city of Saint Louis (MO), Kampala High Court shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by Pro Media Systems. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.
ACKNOWLEDGEMENT
By placing and continuing to maintain or place information on Pro Media Systems’ servers, you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand they.
