PRO Webs, Inc. will provide our customers with various web services in varying pay scales and payment structures. Every customer will receive a quote for the required services in advance with the financial terms included whenever possible. The customer then has stated number of days to either purchase or not purchase the quoted arrangement. Once purchased the customer agrees to the terms of the quote as contractual and will be bound by said terms at all times.
Services provided by PRO Webs, Inc. and its affiliates may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, drug related or adult content, or material protected by trademark and other statutes. The customer agrees to indemnify and hold PRO Webs, Inc. harmless from any claims resulting from the use of our services which damages the customer or any other party.
All services provided by PRO-Webs, Inc. may only be used for lawful purposes. The laws of the State of Georgia, the state of Florida and the United States of America apply.
The customer agrees to indemnify and hold harmless PRO-Webs, Inc. from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our web hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse (AT) pro-webs.net with the information required.
Required Copyright Infringement Information
PRO-Webs, Inc. requires DMCA notices to be filed via postal letter. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. If we receive what appears to be a possible DMCA complaint, but one or more of the following are missing: (a) the complaint does not contain sufficient information (b) the format of the complaint is inconsistent with the requirements of the DMCA (c) the complaint has been submitted via email without proper authentication (d) full contact information is missing. You will need you to re-submit your claim, using the proper format, including sufficient details, via postal mail or fax. Instructions on how to do so follow.
It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, “The copyrighted work at issue is the text that appears on http://www.thewebsite.com”) or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is ?Intellectual Property: Valuation, Exploitation, and Infringement Damages? by Gordon V. Smith, published by Wiley, ISBN #047168323X”).
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item.
An example:Infringing Web Pages:
- Provide information reasonably sufficient to permit us to contact you.
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- If via postal mail, send the written communication to the following address:
Attn: Abuse Department, DMCA Complaint
PO Box 399
Woodbine, GA 31569-2051
United States of America
*If the request is of a licensing issue, we may require further documentation.
Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.
We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.
In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)]
If a subscriber provides a proper “counter-notice” claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual’s objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]
If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not make backups of your backups, as we have the most recent weekly, monthly and daily backups availiable for restoration.
Examples of unacceptable material, programs, script, content and behavior on our web hosting accounts is as follows:
- We do not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
- We do not allow IRC server, IRC bots, or IRC shells to be operated on our network.
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Online Pharmacies
- Gambling Sites, or similar activities such as HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- Internet viruses, worms, trojans, flood or mail bombs, or engaging in denial of service attacks
- Use of the Services to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality is strictly prohibited.
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- The sending of ANY bulk email from our resources is strictly prohibited. The sending of Unsolicited Bulk Email (UBE) from another service provider advertising a web site, email address or utilizing any resource hosted on our servers, is also prohibited.
- Prime Banks Programs
- Lottery Sites
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Mailer Pro
- Illegal media files of any file extension
- WordPress sites without proper caching plugins installed
- Spamming Software
- Internet crawlers of any kind
- Port scanners
- Adult content of any nature
- Operation of proxies
- MFA sites/pages
- Squeeze pages/sites
- Promotion of hate, prejudice, violence or injury
- Violations of U.S. export control laws
- Violation of intellectual property rights of others
- Hacking, and/or subverting, or assisting others in subverting, the security or integrity of provided services or systems
- Acting in any manner that might subject us to unfavorable regulatory action, any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion
- Soliciting the performance of any illegal activity, even if the activity itself is not performed
- Directly facilitating violation of a law or regulation and/or instructing others in prohibited activities
- Image collections and/or graphics sites are not permitted
- Background Running Programs
- Crons set for less than ten minute intervals
- Redirecting to any site/page that does not meet out standards for use
- Visitors may not be allowed to relay mail or use mail functions w/o being authorized in some way (IE: Logged in)
- Search or web crawlers
- ANY adult or illegal drug text or ANY media platform is not permitted
- Pharm, diet or elicit vitamin, pill or medication content of any kind is not permitted.
- Zen cart using Easy populate are required to break the uploads down in to manageable pieces of less than