Terms & Conditions

1. Illegal Use
   NetproHosting 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. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

2. Adult Content
   Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. 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.

3. 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, probing, or scanning of 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, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

4. Server Resources
   Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. NetproHosting shall be the sole arbiter of what is considered to be a high server usage level.
   Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

5. CGI Scripts
   CGI script sharing with domains not hosted by NetproHosting is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

6. IRC
   NetproHosting does not allow IRC or IRC bots to be operated on our servers.

7. UCE (Unsolicited Commerce Email) - SPAM
   Spamming, the sending of unsolicited mass email from or through a NetproHosting server or using an email address that is maintained on a NetproHosting machine is STRICTLY prohibited. NetproHosting will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a NetproHosting server, or if they sell or distribute software on their web site that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension.

8. Server Abuse
   Any attempts to undermine or cause harm to a NetproHosting server or customer are strictly prohibited.

9. Software Distribution
   NetproHosting's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@netprohosting.com to make special arrangements.

10. Actions Taken by NetproHosting
    The failure by a customer to meet or follow any of the above Terms & Conditions is grounds for account deactivation. NetproHosting will be the sole arbiter as to what constitutes a violation of the Terms & Conditions. NetproHosting reserves the right to remove any account without prior notice.
    
    When NetproHosting becomes aware of an alleged violation of its Terms & Conditions, NetproHosting will initiate an investigation. During the investigation, NetproHosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, NetproHosting 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, NetproHosting will notify the appropriate law enforcement authorities of such violation.

    NetproHosting does not issue credits for outages incurred through service disablement resulting from Terms & Conditions violations.

    NetproHosting customers agree to indemnify and hold harmless NetproHosting from any claims resulting from the use of our services that damages them or any other party. The NetproHosting 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. NetproHosting expressly disclaims any representation or warranty that the NetproHosting service will be error-free, secure or uninterrupted. No oral advice or written information given by NetproHosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. NetproHosting 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.

    NetproHosting does state a 99% uptime guarantee. This is measured on a monthly basis, is aggregated over time, and applies to server uptime as it applies to conditions under the direct control of NetproHosting. Conditions outside our control include but are not limited to viruses or worms, network connectvitiy upstream, acts of terrorism, natural disaster or acts of God. NetproHosting maintains a log of all outages with identified root cause as of January 19, 2003. Outages effecting NetproHosting server uptime that are out of our control do not constitute failure of service levels by NetproHosting as it relates to the 99% uptime guarantee.

11. Modification
    NetproHosting reserves the right to add, delete, or modify any provision of its Terms & Conditions at any time without notice.