Where the context admits: "We" includes ProWebSpace,
ProWebSpace.com or any party acting on ProWebspace's implicit
instructions. "You" includes the person purchasing
the services or any party acting on the customer's instructions.
"The Registrant" includes the person applying for
a domain name or any party acting on the Registrant's instructions.
"The Registry" the relevant domain names Registry.
"Server" means the computer server equipment operated
by us in connection with the provision of the Services. "Web
Site" means the area on the Server allocated by us to
you for use by you as a site on the Internet. In consideration
of the mutual covenants herein, the parties agree to the following,
which shall apply during the term of this agreement.
By using our services you agree to be bound by our terms and
conditions below:
1. Domain Name Registration
1.1 We make no representation that the domain name you wish
to register is capable of being registered by or for you or
that it will be registered in your name. You should therefore
not assume registration of your requested domain name(s) until
you have been notified that it has or they have been registered.
Any action taken by you before such notification is at your
risk.
1.2 The registration and use of your domain name is subject
to the terms and conditions of use applied by the relevant
naming authority; you shall ensure that you are aware of those
terms and conditions and that you comply with them. You shall
have no right to bring any claim against us in respect of
refusal to register a domain name.
1.3 We shall have no liability in respect of the use by you
of any domain name; any dispute between you and any other
person must be resolved between the parties concerned in such
dispute. If any such dispute arises, we shall be entitled,
at our discretion and without giving any reason, to withhold,
suspend or cancel the domain name. We shall also be entitled
to make representations to the relevant naming authority but
will not be obliged to take part in any such dispute.
1.4 Any domain name(s) held, including domain names provided
free of charge with any service(s), will become the property
of ProWebSpace during a payment or fraud issue and we will
then reserve the right to suspend, cancel or sell such domain
names at our discretion. If any monies owned to us are not
received in full after 30 days from our final notice it will
be considered as fraud and our fraud policy, as detailed on
our website, will be used to collect such monies. If the domain
name is due for renewal during any payment / fraud issues
it will not be renewed and the customer will be billed the
standard yearly rate for domain names as per our website.
Any free domain name offers will cease to be in force under
such circumstances.
2. Web Site Hosting And Email
2.1. We make no representation and give no warranty as to
the accuracy or quality of information received by any person
via the Server and we shall have no liability for any loss
or damage to any data stored on the Server.
2.2. You shall effect and maintain adequate insurance cover
in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will
use the Web Site allocated to you only for lawful purposes.
In particular, you represent, warrant and undertake to us
that.
2.3.1 you will not use the Server in any manner which infringes
any law or regulation or which infringes the rights of any
third party, nor will you authorize or permit any other person
to do so.
2.3.2 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive,
malicious, defamatory, obscene, blasphemous, profane or otherwise
objectionable in any way.
(b) any material containing a virus or other hostile computer
program.
(c) any material which constitutes, or encourages the commission
of, a criminal offense or which infringes any patent, trade
mark, design right, copyright or any other intellectual property
right or similar rights of any person which may subsist under
the laws of any jurisdiction.
2.3.3 you will not send bulk email whether opt-in or otherwise
from our network. Nor will you promote a site hosted on our
network using bulk email.
2.3.4 you will not employ programs which consume excessive
system resources, including but not limited to processor cycles
and memory.
2.4 We reserve the right to remove any material which we deem
inappropriate from your web site without notice. We do not
host Warez or illegal MP3 content (i.e. you may only upload
MP3's if you own the copyright).
2.5 You shall keep secure any identification, password and
other confidential information relating to your account and
shall notify us immediately of any known or suspected unauthorized
use of your account or breach of security, including loss,
theft or unauthorized disclosure of your password or other
security information.
2.6 You shall observe the procedures which we may from time
to time prescribe and shall make no use of the Server which
is detrimental to our other customers.
2.7 You shall procure that all mail is sent in accordance
with applicable legislation (including data protection legislation)
and in a secure manner.
2.8 In the case of an individual User, you warrant that you
are at least 18 years of age and if the User is a company,
you warrant that the Services will not be used by anyone under
the age of 18 years.
2.9 Any access to other networks connected to ProWebSpace
must comply with the rules appropriate for those other networks.
2.10 While we will use every reasonable endeavor to ensure
the integrity and security of the Server, we do not guarantee
that the Server will be free from unauthorized users or hackers
and we shall be under no liability for non-receipt or misrouting
of email or for any other failure of email.
2.11 Users that abuse the network, such as mass unsolicited
email (spam), illegal content, fraud, payment invasion, will
have their name, website address, details of the abuse and
ip number posted on our "name and shame" forum to
aid other hosts and our resellers in refusing you future accounts.
Under all circumstances we will inform your ISP of your actions
and if necessary legal and police departments. We will not
tolerate any abuse of our network and abuse will be punished
to the fullest extent allowable under law.
2.12 In relation to clause 2.11, we have the right to charge
a $150 / £100 fine for each abuse case and the abuser
will be liable for any costs incurred by ourselves, our customers
or any other company / business linked to us.
2.13 If you abuse the network or we receive a complaint about
your account we will investigate this and we have the right
to suspend the account if your actions could have a negative
effect on our business or any other business connected to
us. In extreme cases we may terminate your account and end
our business relationship with you immediately. In such circumstances
a refund will not be paid. Attempts to recover any monies
paid in abuse situations will result in legal proceedings
against you to the fullest extent allowable under law.
2.14 The above clauses, namely 2.11, 2.12 and 2.13 are here
to protect our honest and legitimate customers from the negative
effects caused by abuse of our network. We take abuse extremely
seriously and we will always punish abusers to the fullest
extent in EVERY case without exception.
2.15 All communications on our forum are monitored to protect
against abuse, which also includes the PM's (private messages).
3. Affiliates
3.1 We reserve the right to remove an affiliate account if
it is found that the said affiliate has conducted any of the
following activities: the sending of unsolicited email (aka
spam/spamming), bulk off-topic advertising / posting to newsgroups,
performed an action that could or has damaged our business
reputation, or the reputation of any companies / businesses
connected with ProWebSpace.
3.2 We reserve the right to increase / decrease commissions
and percentages to our affiliates at any time without reason,
and to remove the affiliate scheme altogether at any time.
3.3 Affiliates commission is calculated in $US (US DOLLARS)
but paid by cheque in £UK (UK POUNDS)
3.4 Affiliates will receive their commission when they have
built up a balance of $100 or more. When this amount is reached,
their cheque will be posted to them within 10 working days.
3.5 If a commission cheque is returned due to incorrect postage
details then any additional bank / admin charges will be deducted
from the affiliates commission before it is resent to a corrected
address.
3.6 Customers that find our services from the internet via
an affiliate link or search engine may not sign up after joining
the affiliate program and purchasing via their own affiliate
link.
4.Web Site Hosting Service Availability
4.1 We shall use our reasonable endeavors to make available
to you at all times the Server and the Services but we shall
not, in any event, be liable for interruptions of Service
or down-time of the Server.
4.2 We shall have the right to suspend the Services at any
time and for any reason, generally without notice, but if
such suspension lasts or is to last for more than 7 days you
will be notified of the reason.
4.3 The Services provided to you hereunder and your account
with us cannot be transferred or used by anyone other than
you. No more than one log-in session under any one account
may be used at any time by you. If you have multiple accounts,
you are limited to one login session per system account at
any time; user programs may be run only during log-in sessions.
If your account is found to have been transferred to another
party, or shows other activity in breach of this subclause,
we shall have the right to cancel the account and terminate
the Services and/or this Agreement immediately.
4.4 Uptime guarantees do not include downtime required to
upgrade / service hardware or problems caused by your equipment
or 3rd parties, for example but not limited to, your ISP (internet
service provider).
5. Payments
5.1 All charges payable by you for the Services shall be in
accordance with the scale of charges and rates published from
time to time by us on our web site and shall be due and payable
in advance of our service provision. We reserve the right
to change pricing at any time although all pricing is guaranteed
for the period of pre payment.
5.2 Payment is due each month or year until closure notice
is given. If you choose to pay by credit or debit card you
authorize ProWebSpace's credit card / debit card processing
(WorldPay) to debit your account renewal fees from your card.
5.3 All payments must be in either $US (US dollars), £UK
(UK pounds) or Euro.
5.4 Without prejudice to our other rights and remedies under
this Agreement, if any sum payable is not paid on or before
the due date, we shall be entitled forthwith to suspend the
provision of Services to you.
5.6 Orders submitted using free email accounts may be subject
to a telephone call to confirm the order prior to the account
being set up.
5.7 From time to time security checks are performed and new
customers may be telephoned prior to any service commencing.
5.8 If unpaid monies are owned to us for one or more services
we reserve the right to suspend / terminate all services you
hold within the ProWebSpace network and it's sister websites.
5.9 If monies are owned to us are not received in full within
30 days of our final request it will be considered as fraud
and our fraud policy, as detailed on our website, will be
used to collect such monies without exception.
6. Web Site Hosting Termination
6.1 If you fail to pay any sums due to us as they fall due,
we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.
6.2 If you break any of these terms and conditions we may
suspend the Services and/or terminate this Agreement forthwith
without notice to you.
6.3 If you are a company and you go into insolvent liquidation
or suffer the appointment of an administrator or administrative
receiver or enter into a voluntary arrangement with your creditors,
we shall be entitled to suspend the Services and/or terminate
this Agreement forthwith without notice to you.
6.4 Refunds will be given at the discretion of the Company
Management including refunding of upfront yearly fees
6.5 We reserve the right to suspend the Services and/or terminate
this Agreement / your account at any time with no notice or
reason.
6.6 You may cancel the Services at any time. Canceling payments
(FuturePay) to us on monthly paid plans will result in the
immediate suspension of the service(s). For annually paid
plans the account will be suspended at the end of the 12 month
period. Partial refunds will only be given on annual plans.
6.7 On termination of this Agreement or suspension of the
Services we shall be entitled immediately to block your Web
Site and to remove all data located on it.
6.8 When an account termination request is received it will
only be actioned if it contains enough proof that we know
it came from the authorized account holder. Such information
required is: account number, username, password.
6.9 When a valid account termination request is received it
will be terminated immediately. We do not accept termination
requests that request closure at a future date.
6.10 Accounts closed in error by the customer will not be
reopened unless we receive new payment equivalent to one months
service which must then be cancelled by the customer at the
correct time of closure.
7. Web Site / Company Logo Design Services
7.1 Amendments to any logo will incur a fee, except in circumstances
where we have made an error
7.2 We will deliver your logo via email within 5 working days
or 2 working days if you choose our rush service
9. Web Site Design Services
9.1 No work will start on the design of a website until: i)
we have received full payment, ii) we have received all requested
information from the customer such as: text for the web pages
etc.
9.2 Once work has started on the design we will only refund
a percentage for work uncompleted if a refund if requested.
10. Resellers
10.1 Resellers may cancel their account at anytime by emailing
us with their account number, username and password.
10.2 Additional reseller resources are only available in units,
as per our website.
10.3 The reseller will be responsible for their customers
and must ensure that their customers do not break any parts
of our terms and conditions.
10.4 If a resellers customer is found to be sending small
amounts of unsolicited email (aka spam) the reseller must
warn the customer that if this is repeated their account will
be terminated. If a reseller allows such actions to continue,
we have the right to remove the offending customer.
10.5 We have the right to suspend / terminate any website,
including resellers customer websites is mass spamming, abuse
occurs.
10.6 If a reseller fails to pays for any reseller unit we
reserve the right to suspend the resellers account and stop
their customers from using our resources.
10.7 We will not be held liable for the actions of our resellers.
10.8 Resellers must act in a professional business manner
at all times.
10.9 A reseller may sell their customers to us at a price
we set.
10.10 Resellers must not create web hosting packages that
contain features that we do not offer, however resellers may
offer hosting packages from other providers with additional
/ different features than those we offer.
10.11 Resellers must make their customers aware of our terms
and conditions and our privacy policy, however they do not
have to disclose that we are their service provider.
10.11 Our "qualified reseller" program that entitles
resellers to discounts on certain products / services is only
available to resellers that have held a live reseller account
for 3 or more consecutive months with a clean payment history.
10.12 The "qualified reseller" discounts can not
be back dated if a reseller fails to apply for the discount.
Resellers should apply for any discounts by contacting us
via email, our online form on our website or our forum. Proof
of their reseller account, such as username, password, account
number will be required for all discounts.
10.13 Qualified reseller status may be removed from a reseller
at the discretion of ourselves.
10.14 Qualified reseller discounts do not automatically apply
to special deals. Any special deals will include a QRD (qualified
reseller discount) percentage.
10.15 When an account termination request is received it will
only be actioned if it contains enough proof that we know
it came from the authorized account holder. Such information
required is: account number, username, password.
10.16 When an account termination request is received it will
be terminated immediately. We do not accept termination requests
that request closure at a future date. All termination requests
must be made via www.prowebspace.com/cancel.html
10.17 Accounts closed in error by the customer will not be
reopened unless we receive new payment equivalent to one months
service which must then be cancelled by the customer at the
correct time of closure.
11. Adult website hosting
11.1 We do not under any circumstances allow adult content
that contains any person under the age of 18.
11.2 Adult hosting customers agree for us to check their content
on a daily basis to protect against underage and / or illegal
content.
11.3 Any customer found to be hosting underage and / or illegal
content i.e., child porn will have their account terminated
immediately and the offending content will be passed to the
FBI on ALL occasions.
11.4 Adult hosting is charged at $3.00 per 1,000 MB's of monthly
transfer, e.g., $30.00 pm month would provide 10,000 Mb's
per month.
11.5 A charge of $150 will be taken from any customer found
to be hosting child porn and no refunds will be paid.
11.6 We reserve the right to decline any adult related website
at our discretion.
12. Secure certs
12.1 Secure certificate fees are non refundable
12.2 We require proof of authority to use the domain name
for which the certificate is applied for, and proof of identity
before we will issue your certificate. Proof must be faxed
to us via the fax numbers on our website.
12.3 For business application we may also require proof of
business trading.
12.4 The certificate is for a 12 month period only. You may
renew your certificate before it expires for continuous service.
12.5 If the renewal payment is not received at the end of
the 12 month service period your certificate will be suspended.
13. Semi-dedicated servers
13.1 Our semi-dedicated server package has a minimum contract
of 3 months after which you may cancel at anytime.
13.2 Set up fees are non refundable 13.3 You must make any person(s) that may
use the semi-dedicated server aware of our terms and conditions
and our privacy policy, however you do not have to disclose
that we are your service provider.
13.4 If you intend to resell services to other individuals
via your semi-dedicated server then you must comply with our
reseller terms as above.
13.5 Service will not commence until we have received as signed
and dated copy of our semi-dedicated server contract. 13.6 Semi-dedicated customers must also comply
with section 2. Web Site Hosting And Email and section 4.Web
Site Hosting Service Availability, as above.
14. Dedicated servers
14.1 Our dedicated server packagse hav a minimum contract
of 3 months after which you may cancel at anytime.
14.2 Set up fees are non refundable
14.3 Software support is not covered by our managed policy
unless the software is CPanel / WHM.
14.4 You are free to install any legal software on our dedicated
servers
14.5 You must make any person(s) that may use the dedicated
server aware of our terms and conditions and our privacy policy,
however you do not have to disclose that we are your service
provider. 14.6 If you intend to resell
services to other individuals via your dedicated server then
you must comply with our reseller terms as above. 14.7 Service will not commence
until we have received as signed and dated copy of our dedicated
server contract.
14.8 Dedicated customers must also comply with section 2.
Web Site Hosting And Email and section 4.Web Site Hosting
Service Availability, as above.
15. Website / server monitoring 15.1 Monitoring customer
must comply with the terms and conditions on our sub website
http://monitoring.prowebspace.com
15.2 Support and billing questions should be made via the
sub website http://monitoring.prowebspace.com and not our
main website, prowebspace.com
16. Credit / Debit Card Chargebacks
16.1 If a services have been used and the customer requests
their bank to recall the payments made (sometimes called a
chargeback) then legal action will be taken against the customer
to recover such payments in all circumstances.
16.2 All actions of fraud are automatically reported to the
police and dealt with according to our fraud policy as detailed
on our website without exception.
16.3 Any cases of underage porn on our servers will automatically
be reported to the police and we will work with such bodies
to ensure that legal action is taken against you. We will
never tolerate such actions.
17. Law
17.1 This Agreement shall be governed by and construed in
accordance with English law and you hereby submit to the non-exclusive
jurisdiction of the English courts.
18. Headings
18.1 Headings are included in this Agreement for convenience
only and shall not affect the construction or interpretation
of this Agreement.
19. This agreement
19.1. By performing any transactions
on this web site you agree to these terms and conditions and
also agree to make any person(s) who use our services aware
of our terms and conditions.
