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.

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

Phishing Scams

Any customer found with illegal files and images (bank info,credit card scams) on there site will be immediately suspended and reported to the proper authorities.

Adult Content

Pornography and sex-related merchandising are prohibited on ProclanHosting servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Child Pornography

The use of ProclanHosting services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ProclanHosting is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy

ProclanHosting is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, ProclanHosting urges its customers to assume that all of their on-line communications are insecure. ProclanHosting cannot take any responsibility for the security of information transmitted over ProclanHosting facilities.

Customer Responsibility

Customers are required to use the ProclanHosting network responsibly. This includes respecting the other customers of ProclanHosting. ProclanHosting reserves the right to suspend and/or cancel service with any customer who uses the ProclanHosting network in such a way that adversely affects other ProclanHosting customers. While ProclanHosting may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, ProclanHosting does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when ProclanHosting becomes aware of any violation of the TOS or other user agreements, ProclanHosting may take any action to stop or correct such violation, including, but not limited to, denying access to ProclanHosting services and equipment or to the Internet. In addition, ProclanHosting may take action against a customer or a customer of such customer because of the activities of such customer. ProclanHosting anticipates that customers who offer Internet services will cooperate with ProclanHosting in any corrective or preventive action that ProclanHosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ProclanHosting policy and ProclanHosting reserves the right to take any such action even though such action may affect other customers of the ProclanHosting customer.

Actions Taken by ProclanHosting

The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. ProclanHosting will be the sole arbiter as to what constitutes a violation of the TOS. ProclanHosting reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When ProclanHosting becomes aware of an alleged violation of its TOS, ProclanHosting will initiate an investigation. During the investigation, ProclanHosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, ProclanHosting may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, ProclanHosting will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. ProclanHosting does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by ProclanHosting.

Indemnification

ProclanHosting customers agree to protect, defend, hold harmless, and indemnify ProclanHosting, any third party entity related to ProclanHosting (including, without limitation, third party vendors), and ProclanHosting executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as ProclanHosting, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of ProclanHosting services.

Disclaimer

The ProclanHosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ProclanHosting expressly disclaims any representation or warranty that the ProclanHosting service will be error-free, secure or uninterrupted. No oral advice or written information given by ProclanHosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ProclanHosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, ProclanHosting may immediately terminate provision of ProclanHosting services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against ProclanHosting in such event.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL ProclanHosting (INCLUDING, WITHOUT LIMITATION, ProclanHosting EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS ProclanHosting, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ProclanHosting SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR ProclanHosting SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY ProclanHosting SERVICES EVEN IF ProclanHosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ProclanHosting TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR ProclanHosting SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY ProclanHosting OR ProclanHosting REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

ProclanHosting may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with ProclanHosting services. Certain changes to ProclanHosting services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and ProclanHosting is not liable, for any and all such personalized applications and content, except as expressly agreed to by ProclanHosting.

Backup of Data

Except where ProclanHosting has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and ProclanHosting is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with ProclanHosting services.

Third Party Licenses

ProclanHosting makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, ProclanHosting makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, ProclanHosting specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold ProclanHosting liable in any way for the revocation of any license, which has been licensed to ProclanHosting. The use of the Technologies obtained from or through ProclanHosting, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-ProclanHosting Products

Any mention of non-ProclanHosting products by ProclanHosting, its employees, or any third party entity related to ProclanHosting is for information purposes only and does not constitute an endorsement or recommendation by ProclanHosting. ProclanHosting disclaims any and all liabilities for any representation or warranty made by the vendors of such non-ProclanHosting products or services.

ProclanHosting Intellectual Property

Customers will not, without ProclanHosting express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on ProclanHosting Web site, and customers will not use any of ProclanHosting trademarks, service marks, copyrighted materials, or other intellectual property without ProclanHosting express written consent. Customers will not, in any way, misrepresent their relationship with ProclanHosting, attempt to pass themselves off as ProclanHosting, or claim that customers are ProclanHosting.

Assignment

Customers may not assign or delegate their rights or obligations under the TOS or other agreement for ProclanHosting services, either in whole or in part, without the prior written consent of ProclanHosting.

Minimum Age Requirement

ProclanHosting customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a ProclanHosting customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for ProclanHosting services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains ProclanHosting express written consent to the contrary. Any acceptance of the TOS or any other agreement for ProclanHosting services will be deemed null and void to the extent that ProclanHosting will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of ProclanHosting services.

Governing Law and Severability

The TOS, and any other agreement for ProclanHosting services, will be governed by and construed in accordance with the laws of the State of Ohio, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and ProclanHosting will take place in Ohio, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other ProclanHosting agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

Force Majeure

ProclanHosting will not be liable for delays in its performance of the TOS or ProclanHosting services caused by circumstances beyond ProclanHosting reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). ProclanHosting will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOS or other agreement for ProclanHosting services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of ProclanHosting.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between ProclanHosting and its customers. Each of ProclanHosting and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for ProclanHosting services, constitutes the complete understanding and agreement between ProclanHosting and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of ProclanHosting, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for ProclanHosting services is between ProclanHosting and its customers only and will not confer any rights in any third party except as otherwise expressly provided by ProclanHosting.

ProclanHosting Customer Billing Policy

The following Terms of Service constitute ProclanHosting Billing Policy and apply to ALL ProclanHosting customers:

Payments

All charges are shown in US Dollars. Payments are to be made in US dollars. ProclanHosting accepts the following types of payment:

• Credit Card (VISA, MasterCard, American Express,Discover)
• Paypal,E-Check

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated or the first of each month. If you provide ProclanHosting your credit card information, you authorize ProclanHosting to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with ProclanHosting Billing Policy in the TOS. You are responsible for directly updating, or notifying ProclanHosting, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.

Web hosting Monthly/Quarterly Accounts that are seven (7) days past due will be automatically suspended. Semi Annual and Yearly accounts must be paid within fifteen (15 days after the due date. All Game server, voice server billing must be paid on the due date. Failure on game server,voice server payments will result in a suspension within 24 hours.Reactivation of a hosting account will include a $10.00 service charge, and reactivation of a reseller account will include a $15.00 service charge. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Billing Cycles (Terms)

ProclanHosting offers four(4) Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months) Semi-Anual (6 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Non-credit card payment methods are limited to Annual Billing Cycles:

You may elect to change your Billing Cycle at any time.

Additional items included dedicated IP addresses, Domain Register and SSL Certificates are non-refundable.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Statements

ProclanHosting does not mail paper invoices or statements. Statements can be viewed and printed through the Proclanhosting Account Manager.

Fees

Returned (NSF) Checks

ProclanHosting charges a $30.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.

Credit Card Chargebacks

A $50.00 chargeback fee will be assessed for each credit card chargeback received by ProclanHosting.

Cancellations

Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact ProclanHosting Account Manager via http://www.proclanhosting.com/support.htm. ProclanHosting customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact ProclanHosting Billing via email at billing@proclanhosting.com.

Cancellation requests must be received by ProclanHosting a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Paypal subscriptions must be canceled by the buyer before the renewal date. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations may become effective on the day processed by ProclanHosting. ProclanHosting is unable to cancel your account effective for a future date. ProclanHosting will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact ProclanHosting as soon as possible.

ProclanHosting will not provide partial refunds for early terminations. Annual service agreements paid on a monthly recurring basis will require 100% payment in full for remaining agreement length at the time of any early termination.

ProclanHosting does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to ProclanHosting services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. ProclanHosting, LLC reserves the right to cancel any account, at any time, without notice, for any reason ProclanHosting considers appropriate.

After termination, you will no longer have access to your account and Your Data, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. Proclanhosting accepts no liability for such deleted information or content.

15-Day Money Back Guarantee

Each of ProclanHosting shared hosting plans carries a 15-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 15 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 15 Day Money Back Guarantee: additional items and services, domain name registration, Dedicated Servers, Game Servers, Voice Servers,SSL certificates,Dedicated Ip's, items and services ordered through the reseller program; domain parking and overage fees. Yearly plans that include a free domain that are canceled within the first 15 days will be refunded the remaining amount minus the $10.95 for domain registration.

Refund Policy

Refunds are only available in accordance with the 15 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 15 days.

Refund and Disputes

All payments to Proclanhosting are of domain name registration, dedicated servers, Game Servers, Voice Servers,SSL certificates, items and services ordered through the reseller program; domain parking and overage fees are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Proclanhosting's sole discretion is a valid charge under the provisions of the TOS and , you agree to pay Proclanhosting. an "Administrative Fee" of not less than $50 and not more than $150.

Credit Card Disputes/Chargebacks

ProclanHosting has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at ProclanHosting discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.

Billing/Price Changes

ProclanHosting policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

Last Updated: 2/17/2008