The terms and conditions which follow are necessary to ensure that Pro-Point is able provide the best possible service while satisfying our legal and ethical responsibilities. Failure to follow any term or condition will be grounds for immediate account deactivation without notice. Pro-Point will be the sole arbiter as to what constitutes a violation of any of these provisions.
Activity which results in the suspension or deactivation of an account will result
in a forfeiture of all fees paid. Complaints made regarding abuse of an account
will be investigated and if found to be true will be grounds for immediate
suspension.
To report suspected abuses or any violations of these policies, please contact us at:
Illegal Usage
Pro-Point 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 is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to Pro-Point service agrees to indemnify and hold harmless Pro-Point from any claims resulting from the use of the service that damages the subscriber or any other party.
Pro-Point will be the sole arbiter as to what constitutes a violation of this provision.
Adult Content
Pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content, or 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. Links to such materials are also prohibited.
Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. 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.
Server Resources
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given an option of either paying extra (which depends on the resource needed) or reducing the resource used to an acceptable level. Pro-Point shall be the sole arbiter of what is considered to be a high server usage level.
CGI/PHP/ASP Scripts
CGI script sharing with domains not hosted by Pro-Point.com
is not allowed. Any cgi-scripts deemed to be adversely affecting server performance
or network integrity will be shut down without prior notice.
Chat Rooms
Pro-Point does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. Pro-Point does provide a choice of Java chatrooms which should meet most users' needs and run without hindering the performance of our servers.
Background Programs and Cron Jobs
Pro-Point does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
IRC
Pro-Point does not allow IRC or IRC bots to be operated on our servers.
Backups
Pro-Point performs daily backups on all servers to ensure critical files are never lost. However Pro-Point is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existant backups.
Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Pro-Point's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. Client agrees that it is not the responsibility of Pro-Point to provide this knowledge except by explicit agreement to do so. Fees will be charged for such service.
UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a Pro-Point server or using an email address that is maintained on a Pro-Point machine is STRICTLY prohibited. Pro-Point will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Pro-Point server as a maildrop for responses, you are in violation. Violators will be assessed a minimum of $200.00 fine and will face an immediate suspension. See our NO SPAM Policy for more details.
Server Abuse
Any attempts to undermine or cause harm to a Pro-Point server or customer of Pro-Point is strictly prohibited.
Any sub-networks of Pro-Point and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.
Software Distribution
Pro-Point's Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products except by explicit agreement. If you wish to distribute software and/or multimedia files, please contact us for special arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Pro-Point Web Hosting accounts are not to be used for the purposes of distributing and storing unusual amount of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.
Domain Names
Pro-Point will take necessary steps to register domain names on behalf of the client when requested. Clients are responsible for renewing their domain names unless they have made an explicit arrangement for Pro-Point to do so on their behalf.
Databases
Any database stored on Pro-Point servers shall be limited in size to 20% of the total disk space allotted for a particular domain.
Actions Taken by Pro-Point
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Pro-Point will be the sole arbiter as to what constitutes a violation of the AUP. Pro-Point reserves the right to remove any account without prior notice.
When Pro-Point becomes aware of an alleged violation of its AUP, Pro-Point will initiate an investigation. During the investigation, Pro-Point may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Pro-Point 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, Pro-Point will notify the appropriate law enforcement authorities of such violation.
Pro-Point does not issue credits for outages incurred through service disablement resulting from AUP violations.
Pro-Point customers agree to indemnify and hold harmless Pro-Point from any claims resulting from the use of our services that damages them or any other party. The Pro-Point 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. Pro-Point expressly disclaims any representation or warranty that the Pro-Point service will be error-free, secure or uninterrupted. No oral advice or written information given by Pro-Point, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Pro-Point 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.
Modification
Pro-Point reserves the right to add, delete, or modify any provision of this Policy at any time without notice.
Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
