INTRODUCTION
ACCEPTANCE OF TERMS:
PrizmHosting.com offers you a wide variety of products and services (the "Service") on the following terms.
By utilizing the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to examine here at any time.
You must be competent and at least 18 years old to enter into a contract to use the Service.
Except if we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.PrizmHosting.com ("PrizmHosting.com", "we", or "us").
We reserve the right to modify and amend these terms at any time without notice.
It is your responsibility to remain informed of current policies.
If you have any questions or concerns regarding our TOS, please e-mail info@prizmhosting.com.
YOUR LIABILITY FOR CONTENT & CONDUCT (ABUSE POLICY):
You are responsible for any content that you publish or transmit on or through the Service.
You will not use the Service to distribute, link to, or request content that:
- is unlawful, harmful to minors, vulgar, harassing, abusive, defamatory, threatening, gratuitously violent, pornographic, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive;
- includes personally identifiable information about children;
- infringes someone else's intellectual property or other rights;
- advocates or solicits violence or other criminal conduct;
- violates any contract, regulation, or law;
- promotes participation in pyramid or multi-level marketing initiatives;
- constitutes illegal gambling;
- specifically advertises firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in Washington or the domicile of either the distributor or recipient;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment;
- executes mass mailings, SPAM, or unsolicited e-mail.
You will obey all applicable laws and regulations regarding online conduct and content.
Except as we specifically authorize (via reseller privileges, license, or otherwise), you will not copy, distribute, or commercially exploit any part of the Service.
You will not install ANY of the following on your account:
IRC Egg Drops &
Related Programs, The Anonymizer UltimateBBS/UBBS (all versions); Ikonboard (all versions);
YaBB & YaBB SE (all versions); Shell, SSH, Telnet Scripts and all alternatives;
Proxy Servers / Proxy Scripts;
Soap Mailers;
Any chat scripts formmail.pl, formmail.php, formmail.cgi OR alternative names for the same script;
any script using large flat file databases.
These scripts can cause serious performance and security risks.
Any account with these scripts on will be subject to immediate suspension.
Repeated offences are liable to account termination without refund.
Resellers are responsible for the conduct and content of all client sites, just as if the reseller had created the sites.
Resellers must therefore ensure that client sites and domains adhere to these terms of service.
Violations of the abuse policies by a reseller's client site will be considered a violation by the reseller.
ANTI-SPAM AND BULK EMAIL POLICY:
Client understands that unsolicited mass e-mailing (also called SPAM, unsolicited bulk e-mail, and unsolicited commercial e-mail) or the use of automated scripts to post comments or links to multiple, non-client-owned blogs, forums, guestbooks, Internet messengers, phones or other Internet-connected media, is absolutely forbidden.
Client agrees to pay for any fees or damage in result of UBE or UCE (SPAM) within their account.
We reserve the right to suspend or cancel any or all accounts without notice, due to violation of this policy.
The Service you are receiving may include the ability to send and receive electronic mail.
Use of your electronic mail account to send unsolicited commercial messages is prohibited.
Mass electronic messages or "mail-bombing" (sending mass unsolicited mail or deliberately sending very large attachments to one recipient) are prohibited.
Forging electronic mail headers (addresses) is also prohibited regardless of commercial content.
Use of electronic mail to harass or intimidate other users is prohibited.
Spamming, sending unsolicited commercial e-mail messages or unsolicited bulk messaging to advertise, offer, sell, or buy any goods or services, for any business or individual, is strictly prohibited (this includes opt-out e-mail).
In response to a complaint, PrizmHosting Web Services has the discretion to determine, from all of the evidence it receives, whether the intended recipients were from an "opt-in" e-mail list.
Shared server accounts are also prohibited from sending solicited (e.g. opt-in) email via mailing lists (or combinations of mailing lists, or other programmatic methods) that include more than 100 total accounts, unless special arrangements have been made in writing with PrizmHosting management which specify the terms of such mailings.
If arrangements have been made for larger opt-in mailing lists, and, in the sole opinion of PrizmHosting management, these mailing lists cause server performance problems of any kind, then PrizmHosting may, at its sole discretion, remove or demand the removal of the mailing list at any time.
Related: United Stats CAN-SPAM Act of 2003
VIOLATIONS OF ABUSE POLICIES:
PrizmHosting.com may regularly audit server accounts for abuse.
If any of the abuse policies in these terms of service are violated, you may be required, as determined by PrizmHosting.com in PrizmHosting.com's sole discretion, to pay PrizmHosting.com $50 per day for unintended violations and $500 per day for deliberate violations as compensation for damages.
In addition, PrizmHosting.com may take legal action in response to any acts of abuse which may result in additional financial penalties.
PrizmHosting.com reserves the right to transfer any content in violation of these terms of service to the appropriate authorities for prosecution, enforcement, and/or legal action.
ACCURATE INFORMATION:
You will submit accurate and current information on all registration forms on the Service.
You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any materials distributed through the Service.
LINKS TO OTHER WEB SITES:
We or third-party providers of content may make available links to other Internet web sites or resources.
We do not manage these sites and resources, do not endorse them, and are not responsible for their content, availability, or delivery of services.
SATISFACTION GUARANTEE (MONEY-BACK GUARANTEE):
Our guarantees are for customer satisfaction only.
If you are not happy with your product or service, you may execute cancellation within the given number of days.
To cancel, an e-mail must be sent to info@prizmhosting.com from authorized clientele.
Any setup, handling, transaction, or modification fees are non-refundable unless otherwise stated.
Refunds will be made by check or reverse-credit to client. If reverse-credit on a credit or bank card is chosen, we are not responsible and will not recover for any transaction fees that may be lost.
Clients ordering using a "manual payment" with a check, money order, or PayPal transaction may not receive refunds pending the length of recurring billing and length of activity.
We will not provide a refund if the client has violated our Terms of Service and proceeds to request any money back, regardless of how many days they have been hosted.
DESIGNS & CONCEPTS:
Client understands that there is absolutely no guarantee for satisfaction of any type of design or concept made by PrizmHosting.com.
Client is aware that payment will be required and expected whether or not they are satisfied with the service provided.
Reselling or redistributing designs or concepts made by us is absolutely forbidden unless written permission is given to client.
Client may not claim our services as their own.
REFUSAL OF SERVICE:
We reserve the right to refuse or cancel service at our sole discretion.
All clients are expected to pay their invoices promptly.
Accounts that are past due for 72 hours may be subject to temporary deactivation (suspension).
Accounts past due in excess of 30 days may be cancelled.
All deactivated accounts will be charged a $30.00 reactivation fee in addition to their normal recurring fees.
Returned, declined, or cancelled checks/credit cards will result in immediate account deactivation (not cancellation) and are subject to a $5.00 penalty.
Cancelled accounts shall be subject to all applicable reactivation fees as well as normal fees associated with opening an initial account.
All delinquent accounts will be submitted to a collection agency for resolution.
SERVER ABUSE & CPU USAGE:
Any attempts to undermine or cause harm to a server is strictly prohibited and will result in account suspension or termination without refunds.
Accounts that exceed 7.00% of CPU (server memory) usage may be subject to a temporary cap which will limit server resources coming from the account.
BANDWIDTH OVERAGE:
Usage that exceeds original plan allotment (without upgrading prior to exceeding the allotted amount) is subject to $7.50 per 1 GIG of bandwidth (each month).
This does not apply to anyone whom adds additional bandwidth before exceeding their allotment.
DISK SPACE OVERAGE:
Usage that exceeds original plan allotment (without upgrading prior to exceeding the allotted amount) is subject to $0.25 per 1 MB of disk space (one time fee).
This does not apply to anyone whom adds additional disk space before exceeding their allotment.
SERVER DATA STORAGE & BACKUPS:
Client is aware that it is their responsibility to frequently backup any information that they host on our servers.
We are not responsible for any files, scripts, coding, or data that may be lost or abused in a server-related issue.
We are not responsible to recover any damaged or lost files.
Regardless of the plan purchased, PrizmHosting backup plans are offered as a courtesy only, and do not guarantee the existence, accuracy, or regularity of backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.
Client is solely responsible for independent backup of data stored on Providers server and network.
UPTIME GUARANTEE:
If server uptime falls below 99.0% for a given calendar month, clients can apply for credit accordingly by e-mailing billing@prizmhosting.com.
Downtime will be excused if it is the result of:
- an ISP, network or other routing issue;
- suspension of an account per our TOS;
- Denial of Service (DOS) attack;
- restoring a backup or moving an account;
- client or third party's (intruder/cracker's) fault.
The uptime guarantee applies to shared hosting accounts, vps accounts that include the monitoring and premium support options, and dedicated servers that include the monitoring and premium support options only.
This warranty is also void for customers who install software that is in violation of the terms of service, fail to keep their application software updated with security patches, fail to upgrade their accounts in accordance with site requirements per written requests from support staff, or install software that is otherwise advised against in writing by support staff.
Credits shall be applied only as additional service time.
Our uptime guarantee does not extend any further than the preceding and clients may be required to provide proof of downtime.
SUPPORT
PrizmHosting.com has set 24x7 support via the ticket and chat systems as a goal.
There may be times however, e.g. due to technical system problems or staff illness, when support is temporarily unavailable.
In these cases, PrizmHosting.com will work to restore 24x7 support as soon as reasonably possible, as determined by PrizmHosting.com.
You shall be solely responsible for providing, updating, uploading and maintaining your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text.
Your web site content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Web Hosting services.
PrizmHosting.com is not responsible for correcting system software and/or server faults caused by your website or software installations (including, but not limited to, incompatible upgrades), but may offer to correct these faults at current labor rates.
PAYMENT:
Full payment is required in advance before hosting service is established.
You grant PrizmHosting.com the right to debit the credit card or payment account you provided on the Order Form for services you signed up for on a recurring basis, until such service is cancelled by you in writing or is cancelled by PrizmHosting.com according to terms of this Agreement.
If payment is not received by the renewal date, your account may be terminated.
RENEWALS:
Your account will be automatically renewed under the same time and fee structure unless you give written notice to PrizmHosting.com fifteen (15) days before the renewal date that you do not wish to renew such account.
DISCLAIMER OF WARRANTY:
The Internet is a complex network of services, equipment, and providers of information, thus the Service may not be available to you at all times.
PrizmHosting.com will pursue all resources and channels available to maintain availability to you, however, PrizmHosting.com is not responsible for any interruption in service or down time that may occur, whether or not due to the act or negligence of PrizmHosting.com.
If you are not satisfied with such occurrence of interruption or down time, your only recourse is to relocate your domain(s) to another provider.
PrizmHosting.com MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES.
Neither PrizmHosting.com nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, nonuse or non-availability of services provided herein, whether or not such damages resulted from the negligence of PrizmHosting.com, even if PrizmHosting.com has been advised to the possibility of such damages.
PRIVACY POLICY:
PrizmHosting.com insures that all personal information being voluntarily submitted to us in the processing of your order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used "solely" by us, its authorized representatives and employees; for the strict purpose for which it was intended, and for the benefit of the Subscriber.
We agree not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the specific written consent of the Subscriber; with exception as required by Law, Regulation or Governmental Authority.
PrizmHosting Web Services™ is committed to protecting and securing all Subscriber provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.
We reserve the right to display any or all work done for our clients throughout our website and print advertisements, and may use testimonials received in promotional campaigns.
PrizmHosting.com logs IP addresses on the website, or the location of your computer on the Internet, for system administration and troubleshooting purposes.
IP addresses are used to compile general traffic and referring site information.
We will not attempt to identify individual users through their IP addresses; with exception as required for violations of Law, Regulation, Terms of Service, or Governmental Authority.
(All funds are displayed in US dollar amounts.)
TOS last updated February 18, 2006
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