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 200 line entries.
- All software driven websites, including Zen Carts must be properly patched and kept up to date.
- All Zen Carts MUST have the ability to let unauthorized (guests) use the tell a friend form disabled. This is a Zen Cart reported vulnerability.
- PRO-Webs hosted clients are provided domain based email service. This service is free and not considered primary. Your email service cannot, under any circumstances be used to send ANY bulk emails. Please use a proper bulk email service such as MailChimp
- Open relays are mail daemons that allow mail to be sent without authentication to a valid local user. These relays are not permitted.
PRO-Webs, Inc. services, including all related equipment, networks and network devices are provided only for authorized customer use. PRO-Webs, Inc. systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, suitability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of PRO-Webs, Inc. system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. PRO-Webs, Inc. may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse (AT) PRO-Webs, Inc. and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. PRO-Webs, Inc. is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PRO-Webs, Inc. servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by PRO-Webs, Inc.. You are advised to keep a local backup of your files at all times.
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes.
i) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
The use of more than 100,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Disclosure to law enforcement
PRO-Webs, Inc. may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Intellectual Property Rights
Some materials accessible to you through PRO Webs, Inc. may be subject to protection under the United States of America (or ported in any other country) copyright laws, laws protecting trademarks, or proprietary license. If you use a domain name in connection with PRO Webs, Inc. services you may not use a domain name which violates any trademark, service mark, or similar rights of any party.
We do not allow background running programs. This includes any IRC related software and bots. We may allow certain programs to run continually in the background upon request, and there may be an additional charge for such protocols.
Scripts that are commonly known for causing server disruption include large cgi message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, PRO Webs, Inc. reserves the right to disable the account pending resolution of the situation. Security of all Apache, php, Python, Perl, CGI, Ruby etc scripts are scanned daily for security and will be disconnected should they scan insecure, you will be notified.
Violation of indecency and obscenity laws can result in criminal penalties. We will upon request cooperate fully with jurisdictional law authorities.
Media streaming – We support HTTP streaming on shared servers; however, live streaming is not supported. (This is because an HTTP stream has a defined beginning and end. Live streaming joins in the middle of a broadcast.)
You must use log in and submit a support/help desk ticket to request cancellation of your account. Upon receipt your account will be queued for deactivation. Refunded monies are based completely on the individual customer’s contract and terms within PRO Webs, Inc. policies.
Failure to comply with any of our terms conditions and policies is grounds for immediate account suspension.
PRO Webs, Inc. reserves the right to change, edit, or update the policies contained within our policies and terms, along with the content of our web site at any time, for any reason and without notice.