Terms of Service

The following terms constitute an agreement between you and ProperHost ("ProperHost"). These Terms of Service govern your use of the services provided by ProperHost (the "Services"). All services provided by ProperHost may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ProperHost from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to ProperHost' servers, properties, employees, or any other party. Links to such materials are also prohibited.

By using the services you signify that you agree to these Terms of Service, including that you agree to transact with us electronically, and that you consent to the information practices disclosed in our AUP. Please note that we offer the Services "AS IS" and without warranties.

These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.

ProperHost' Responsibilities

ProperHost agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. ProperHost reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of ProperHost.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of ProperHost is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Billing

By the Service Renewal Date of each month, ProperHost shall either:

  • (1) debit the client's credit card (when such information has been provided by the client); or
  • (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to ProperHost by no later than the specified payment due date. ProperHost shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction.

Non-Payment/Service Interruption

Services interrupted for non-payment may be subject to a $25 late fee. Data stored on a client's services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of ProperHost. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. ProperHost is not responsible for data integrity, regardless of circumstance. ProperHost strongly recommends keeping up to date and off network backups to protect against data loss.

Refunds/Charge-Backs

No Services rendered by ProperHost are eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to ProperHost within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by ProperHost, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an 'Administrative Fee' of $200 in addition to original amount of funds which were reclaimed.

Suspensions

In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the time of suspension. Any account suspendeddue to non-payment will require a reactivation fee of $20.00 prior to reactivation. ProperHost assumes no liability for the integrity of the data stored on a suspended server.

Cancellations

ProperHost requires a ten (10) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A ten (10) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within ten (10) days, the server will still be canceled however a termination fee of $25 will be applied to the account and must be paid within 15 days to avoid full account suspension.

Fraud

In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of ProperHost. All information available to ProperHost about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.

Limitation of Liability; Indemnification

ProperHost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ProperHost' services going off-line or being unavailable for any reason whatsoever. Furthermore, ProperHost and its suppliers shall under no circumstances be held responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data from one of ProperHost' servers. All damages shall be limited to the immediate termination of service.

Your sole and exclusive remedy for any dispute with us or our suppliers is the cancellation of your account. In no event shall our, our affiliates' and our suppliers' aggregate and cumulative liability to you for any and all claims relating to the use of the services exceed the total amount of fees, if any, that you paid during the period during which such claims arose. We, our affiliates, and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of or inability to use the services. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our affiliates and suppliers, shall be limited to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Abuse/Spam/Bulk Email Policy

ProperHost reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.

The following actions will be taken on a case-by-case basis:

  1. An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
  2. If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
  3. Habitual neglect of abuse occurring on a client's server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.

ProperHost reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, ProperHost reserves the right to issue a fine of $200 and immediately terminate the service.

Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client's server are a result of the server's security being compromised, our abuse department will offer the following options:

  1. At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.
  2. Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
  3. If Operating System reinstallation is not accepted as an option, ProperHost may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
  4. Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.

If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide ProperHost with an explanation via the support ticket system within 10 days of the abuse ticket being opened.

DMCA Complaints

ProperHost handles any and all Digital Millennium Copyright Act (.DMCA.) complaints very seriously, and will thoroughly investigate each complaint received. ProperHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

The following actions will be taken on a case-by-case basis:

  1. A ticket is opened as a warning, providing 48 hours to resolve the situation.
  2. After 48 hours with no client response, connection to the IP address from the DMCA complaint will be disabled at the network level. At this time, ProperHost reserves the right to assess a $25 fine./li>
  3. After 72 hours with no resolution, services on the server in question will be suspended.
  4. After 7 days of being suspended and the issue not having been resolved, services on the server in question will be canceled and an Abuse Charge of $200 will be placed on the account. All client data will be destroyed immediately after the cancellation date.

Users who violate this policy and fail to resolve the situation within 48 hours agree that in addition to these administrative penalties, they will pay. Research Fees' not to exceed $50 per hour that ProperHost staff must spend to investigate the matter, to be charged only if claims are found to be valid.

Bandwidth Usage/Overages

Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $0.25 (twenty five cents) over the allotted bandwidth on the service. ProperHost reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. ProperHost is not responsible for spikes in bandwidth that are caused on a client's service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.

Account Activation

By activating your account with ProperHost, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

Last updated: April 1, 2015