Table of Content

Terms of Service
Acceptable Use Policy
Privacy Policy

Terms of Service

The Service that is subject to the following agreement is provided by ProperHost in association with LiquidNet Ltd. ProperHost and LiquidNet Ltd. will be referred to as ProperHost for the sake of brevity in this document. ProperHost will never sell, distribute, reveal, or make available of any customer information. We support the work of the anti-spam organizations. As a Customer of our Services, you need to be aware that, when signing up for an account with ProperHost, you accept and agree to abide by our Web Hosting Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents. ProperHost reserves the right to make any reasonable adjustments to our terms of service at anytime.

Satisfaction Guaranteed

ProperHost offers a 30-day money back guarantee. If you are not satisfied with our hosting services, you can submit a refund request in a trouble ticket opened from your web hosting control panel/support center, or via email sent to support@properhost.net and receive full refund for your hosting plan within 30 days of the purchasing of the account. Please, NOTE that domain name registrations/transfers are non-refundable services.

Non-refundable Services

All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain's TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to the Customer in accordance with our 30-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer's web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account).

Chargebacks

Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed at ProperHost will be subject to full investigation. When signing up for a web hosting account with ProperHost, customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Terms of Service (this document). Thus, ProperHost, as well as our authorized retailers (PayPal, or associated payment gateways), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is now trying to refute.

ProperHost Hosting Services

A web hosting service is a type of Internet service that offers individuals and organizations/companies the resources to host their own web sites and store information, images, video, and other content accessible via the World Wide Web.

A web hosting service consists of the following:

Service Features

  • Disk Space - Each hosting plan includes prepaid storage capacity on ProperHost servers. Additional disk space is available as an upgrade option.
  • Traffic - Each hosting plan includes prepaid monthly traffic in Gigabytes. This traffic quota is shared between all sites hosted in a single account. In case that a hosting account exceeds its allowed traffic quota, it will be suspended until the beginning of next month when the quota will refresh automatically. Additional traffic is available as upgrade. Contact our sales department for more information.
  • Hosted Domains - ProperHost's hosting plans include domain hosting. Each hosting plan allows a particular number of domains that can be hosted.
  • E-mail accounts - different number of e-mail accounts are available for setup with each web hosting plan.
  • MySQL/PostgreSQL Database(s) - MySQL databases are included in all web hosting plans. Additional databases are available as upgrade. PostgreSQL databases can be either included or optional. Contact our sales department for more information.
  • Database Storage - For Shared Hosting Accounts ONLY: Each hosting account has a limit of database storage. This storage is shared between all the databases in a single hosting account. Additional database storage is available. Contact our sales department for pricing.
  • IP Address - ProperHost hosting accounts do not include IP addresses. For many customers IP address is important for starting SSL hosts, that's why we allow the purchasing of IP addresses. Additional justification of use may be required.
  • SSH - In case your hosting account does not include SSH, please contact our sales department for more information on how to obtain it.
  • ID Protection - his service ensures that your private contact information will not be visible in the domain's WHOIS details. Optional for all hosting plans, but available only with certain TLDs, supporting this option.

Detailed information about all features included in our web hosting packages is available on our web hosting plan pages.

Domain Names and Domain Transfers

ProperHost offers for registration/transfer of TLDs (Top-Level Domains) listed on our website. The TLDs can be purchased either together with a hosting account (at regular or promotional price) or separately as an upgrade from the control panel. ProperHost will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. ProperHost does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our help desk.

Service Guarantees

ProperHost guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

  1. Server Hardware Breakdown;
  2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, ProperHost is not responsible for the downtime);
  3. Failure due to software that is not explicitly supported by ProperHost. If a hardware crash provoked by the customer consequently occurs, ProperHost is beyond the control and responsibility for the resulting downtime.

Payments

All invoices will be generated and sent out 10 days before they are due. All clients will receive a reminder of the generated invoice 3 days before the invoice due date. Invoices will be emailed and available in the ProperHost Support Center to be paid. Credit Card and PayPal are the two forms of payment accepted.

1 day after the invoice is due you will receive an overdue reminder. If payment is not received within 24 hours of the overdue reminder, a follow-up reminder will be sent. If payment is not received within 5 days after the invoice due date, the account will be suspended until payment is made. After 30 days from time of suspension, the account will be terminated and ProperHost can no longer be held responsible for any data associated with the account stored on our servers.

Please be advised that by selecting the PayPal "Pay Now" or "Subscribe" button, a recurring PayPal subscription will be initiated. PayPal is a third party payment gateway, and as a result, clients are solely responsible for the creation, maintenance, and cancellation of any recurring subscriptions. ProperHost does not have the ability to initiate or cancel a PayPal subscription on behalf of our clients. Therefore, it is the responsibility of the client to cancel PayPal subscriptions along with any ProperHost services to prevent continuous billing through PayPal. In an instance a duplicate PayPal subscription is created, ProperHost will either issue an account credit or issue a refund for the duplicate PayPal payment. For questions regarding your PayPal payments, please contact our Billing Department.

ProperHost reserves the right to update product and service pricing at any time. ProperHost agrees to notify clients 30 days in advance of any hosting plan price changes, and seven days in advance of any "add-on" service price changes. Clients will be notified of said changes via support ticket opened on the client's behalf by ProperHost staff.

Overage Charges

Our hosting plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never invoice you automatically if your account requires more resources. You must keep your contact information updated within your client area, so that you may receive an email when your account reaches certain limits determined solely by our system. You will receive a bandwidth exceedment warning at 85% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, your services may be suspended if your allotments exceed.

Resource Abuse

Force Majeure
ProperHost agrees to take every reasonable precaution to provide the agreed upon services to our clients. However, ProperHost is not liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

Suspensions
In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period.

In the event your website is suspended due to non payment, the site will not be unsuspended until payment has been received and applied to all overdue invoices. Clients have the ability to pay, add funds, and apply those funds to any outstanding invoices through their client area. Services will be unsuspended immediately upon receipt of payment.

Cancellations

ProperHost accounts are set up on a prepay basis. Clients may decide to cancel their accounts at any time prior to the service renewal date; however they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to our Money Back Guarantee Policy. To cancel an account, the Customer needs to send an e-mail or support ticket to our Sales Department and provide any authentication credentials requested by ProperHost. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also cancelled. Services canceled after the renewal date are not applicable for a refund.

Dedicated Servers

All requests for canceling any dedicated servers must be made in writing with at least 14 days before renewal by support ticket or emailed to support@properhost.net. Confirmation Receipt of cancellation will be sent within 24 hours. An account is not cancelled until a confirmation is sent.

Domain name registrations/transfers, service upgrades and web hosting plan renewals are treated as non-refundable services and cannot be cancelled or refunded after being activated upon customer request. The Customer will have the opportunity to transfer his/her domain away to another host. Late cancellations, as well as accounts cancelled by ProperHost due to TOS violations (where the customer has decided not to fix the violation) do not qualify for the 30-day money back guarantee.

Account Backup and Restorations

Our backup service is provided as a courtesy to you and therefore, ProperHost will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers. We will back up the files located in the "/www" ("/public_html") folder of your account, as well as the databases you have created. Backups are only kept for a period of 7 days. After this period, a backup cannot be restored. In the event that any, or all information on your site is inadvertently removed, ProperHost will provide a restore from our backups for a $25.00 fee. If files have been inadvertently removed due to a fault on the part of ProperHost staff, a restore will be provided free of charge.

For Shared Hosting Accounts ONLY:
General Backup: The default available backup disk storage space for each customer is 5 GB. User accounts with content over 5 GB cannot be (partially or entirely) backed up. Additional space for backup purposes is available under our Upgrade section in the Control Panel. We provide backup services only to accounts with disk space usage below the purchased backup quota limit. For example, if the purchased data backup quota amounts to 20 GB, we will back up your files as long as your account's disk usage does not exceed the 20 GB quota limit. As soon as this 20 GB quota limit has been reached - the backup script will no longer back up any of your files.
Database Backup: Our database backup script WILL NOT back up databases, which contain more than 256 tables. Databases bigger than that take too much time and use too much of the server's resources to be backed up.

Affiliate Program

ProperHost offers an Affiliate Program, enabling affiliate members to receive a commission by referring paying customers to ProperHost's products and services. Affiliate Program members may choose to withdraw their commission earnings to be applied as client account credit. Members may also choose to withdraw their earnings by PayPal after having provided a valid PayPal email address. Affiliate commission payouts will be processed at the end of each month upon receipt of an affiliate withdrawal request. The minimum withdrawal amount is $50. Affiliate commissions are credited 30 days after the date of the purchase provided the order is still active. Affiliate commission is paid for new orders only. Renewals or service upgrades does not qualify for commission.

Current commission rates are stated in the Affiliate Program section of our website. Users can join the affiliate program by successfully filling out the ProperHost Affiliate Application Form. Each affiliate member receives a unique affiliate ID which is used to identify and credit the affiliate's account when an order is placed. Affiliates may use the links and/or banners available in our member area to attract new customers. In the event that an order has been placed without commission being credited please contact our support department.

Loyalty Bonus Program

ProperHost offers a Loyalty Bonus Program intended to reward loyal customers by giving a "cashback" percentage calculated of the monthly fee for all shared hosting and dedicated server plans. Customers will accumulate Loyalty Reward Points (LRP) every time they renew their hosting subscription. Reward Points can be converted to credits which can be used to pay for invoices within the ProperHost billing system. To be eligible for loyalty rewards, the customer's account must be active and have no outstanding invoices. In addition, the following terms and conditions apply:

  • Only products with monthly billing generate loyalty reward points.
  • When a customer has more than one product, points will accumulate for each product.
  • Loyalty Reward Points can be converted to credits once every six month.
  • Loyalty reward points can only be used to pay for ProperHost invoices, and cannot be withdrawn/paid in cash.
  • The current cashback percentage will be determined by ProperHost at its sole discretion, and may change without notice.
  • If the customer cancels their hosting subscription or the account is terminated for violation of our TOS/AUP, all accumulated LRPs will be waived.

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Acceptable Use Policy

An Acceptable Use Policy (AUP) is a set of rules and conditions compiled by a network, system or a website owner. These rules explicitly define and restrict the ways in which the respective network, system or website may be used. The AUP of ProperHost aims to clearly outline the purposes for which our customers CANNOT utilize our hosting services and position data on our network servers.

This Acceptable Use Policy (AUP) is an integral part of the Terms of Service which each customer agrees to abide by when signing up for an account with our web hosting company. Any violation of this AUP will be deemed a violation of our Terms of Service. We, at our own discretion, shall determine whether an act constitutes a breach of this AUP terms and misuse of our services. We reserve our right to be the sole arbiter in determining the sufficiency of the presented evidences. We will respond accordingly, and/or immediately terminate the provision of the services, shall we receive report, and/or have sufficient proof, of any prohibited conduct outlined in this AUP, or any other activity threatening the security of our hosting environment and/or our network of hosting servers.

System Abuse

Any customer in violation of our system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

  • Unauthorized access, use, probe, or scan of our system's security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the system and broadcast attacks, forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
  • Any attempt at doing harm to a server or a customer of our web hosting services:
    ProperHost will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a ProperHost customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: "Internet scamming" (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to ProperHost services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.
  • Background operations/programs on servers:
    A "Background process" is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Typical background processes are ircd, irc bot, bnc, and many others.

    Background processes are not permitted on any of our shared hosting servers, as they usually lead to CPU overload and can be used for malicious and/or illegal actions. As our primary task is to provide highest quality web hosting service to all our customers, we cannot permit any background processes to be executed and threaten the performance of our server network. Our shared hosting system does not allow a big multitude of users to simultaneously use the system memory and processing time of our servers.
  • Excessive use of system resources:
    In order to ensure higher server performance and quality of hosting service all shared hosting plans are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space and traffic. If a hosting account exceeds the allowed amount of system resources the account owner will be immediately notified to take actions in order to reduce the usage. If such action is not instantly taken by the owner the account will be suspended. If an excessive CPU usage is detected the account owner will be suggested to place an order for a CPU usage upgrade or upgrade to a plan which allows higher CPU usage.

    If any hosting account is found to be causing degradation of the server and/or our hosting network's performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. ProperHost will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing server degradation.

Spam and Unsolicited Email

SPAMMING IS PROHIBITED. Users MAY NOT utilize our web hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as "spam" or "spamming").

Spamming is a violation of ethic norms and will be interpreted as an infringement. ProperHost will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer's domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages.

SPAMVERTISING IS PROHIBITED. "Spamvertizing" refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website. If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.

"E-mail spoofing" is a fraudulent e-mail activity in which the sender's (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).

"Unsolicited message" is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following:

  • Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;
  • Sending of junk mail;
  • Use of distribution lists that include people who have not given prior explicit permission to be involved in such a distribution process;
  • Posting commercial ads to USENET newsgroups that do not permit it;
  • Posting articles containing binary encoded data to non-binary newsgroups;
  • Excessive and repeated posting of off-topic messages to newsgroups;
  • Excessive and repeated cross-posting;
  • E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libelous or obscene material, or material of any nature that may be deemed offensive;
  • E-mailing of age-inappropriate communications or content to anyone under the age of 18.

All emails sent through our network must comply with the CAN-SPAM Act of 2003.

Inappropriate or Unlawful Content

CONTENT published or transmitted via ProperHost's hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our network's services.

The user of our services is NOT permitted to post online content or have links to content that:

  • infringes upon any copyright, trademark, trade secret, or patent of any third party;
  • is defamatory, abusive or obscene, violates a person's reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against ProperHost by offended viewers;
  • promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.
  • represents pornography prohibited by law, including, but not limited to child pornography, or linking to/advertisements of similar websites;
  • (Shared Hosting Accounts ONLY) contains "adult material" or other type of pornography;
  • represents infringement on copyright, patents, trademarks, trade secrets, or third party's intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files - MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.

Copyrights

Copyrighted material must not be placed on customers' accounts without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.

Corrective Actions

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.

We will disable the customer's account if we deem necessary, at our sole discretion. Upon closing of the customer's account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms' chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer's account, if we find, at our own discretion, sufficient evidence pro customer's side.

Closed accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.

Reporting Violations

If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our web hosting system, please contact our Abuse Department immediately at abuse@properhost.net. Our professional team will investigate the situation and provide you with full assistance.

Revisions

We reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Terms of Service.

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Privacy Policy

Privacy of your payment details

We use encrypted SSL connection to process your credit card information and DO NOT store any of your payment details in our system. The payments are carried out in the background by the PayPal payment processing gateway and go through the HSBC bank's terminal. Working with the two leaders in online payment operations, we guarantee fast and secure processing of your payment. Not only do we NOT make a record of your credit card details in our system, but also - for maximum online security - we do NOT share this information with any third party.

Privacy of your account

We consider your registration data and the content of all your messages private and confidential. The header of the messages that you send will contain your name (e-mail address) and Internet Protocol (IP) address. We will not intentionally monitor or disclose any of your e-mail content or registration data unless we are required to do so:

  • to enforce these Terms and Conditions,
  • by law,
  • to defend ourselves in any legal action,
  • to protect our property.

Since your password is essential for protecting your privacy, we encourage you to NOT share it with anyone and change it frequently. Additionally, you agree to respect the privacy and confidentiality of others.

Privacy of your registration data

ProperHost collects certain information during the registration process. The personally identifiable information that ProperHost collects includes first and last name. ProperHost also collects non-personally identifiable information, such as country, age, gender, etc. You may update your Registration Information at any time from your Hosting Control Panel or Client Area section.

We may disclose aggregate registration statistics in connection with our marketing activities.

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