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The following Terms of Service (TOS) apply to all ProclanHosting customers:


ProclanHosting Services

ProclanHosting services include, but are not limited to:

  1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that ProclanHosting provides to customers);
  2. any use by customers, or any access provided to customers by ProclanHosting, of computing, telecommunications, software, information, hardware, and equipment;
  3. any act, or provision of any service, by ProclanHosting to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
  4. any provision by ProclanHosting to customers, of any space, Internet connectivity, or electrical power;
  5. any access or use related to the ProclanHosting Web site, including the Web site itself;
  6. any other service mentioned in the TOS;
  7. any other service provided by ProclanHosting to customers, whether used or not;
  8. any other ProclanHosting services that are used by customers, whether offered or provided by ProclanHosting to customers.

Ownership of Web Site

The legal owner of customers' Web sites and accounts with ProclanHosting will be the individual or organization whose name is listed in ProclanHosting database as the owner. Customers will fully cooperate with and abide by any and all of ProclanHosting security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with ProclanHosting.

Illegal Use

ProclanHosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing ProclanHosting services, all ProclanHosting customers certify that they and/or the organization they represent in procuring services from ProclanHosting are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to ProclanHosting customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a ProclanHosting server, and selling or distributing software (on a Web site residing on a ProclanHosting server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. ProclanHosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

Content


All services provided by Proclanhosting may only be used for lawful purposes. The laws of the State of Ohio, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless Proclanhosting 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. If you believe that your copyright or trademark is being infringed upon, please email abuse@proclanhosting.com with the information required. If the request is of a licensing issue, we may require further documentation. Examples of unacceptable material on all Shared and Reseller servers include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.

System and Network Abuse


Violations of system or network security are prohibited and may result in criminal and civil liability including a fine of $500 per incident. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities


Use of ProclanHosting services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use ProclanHosting services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations


The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All ProclanHosting customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a ProclanHosting customer (per the DMCA) to ProclanHosting must follow the below procedures. Copyright infringement notifications submitted to ProclanHosting according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at ProclanHosting sole discretion.

DMCA Copyright Infringement Notification Requirements


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