Terms of Service (TOS)

For all purposes in this Agreement, the following definitions shall apply :

Company
"Company" shall mean Proto-Host at http://www.proto-host.com

Customers & Subscribers
"Customers", "Subscribers", "client", and "you" shall mean all Proto-Host customers.

Services
"Services" shall mean any and all services provided by Proto-Host. This includes our Hosting Solutions and any other new services that Proto-Host provides.

The following Terms of Service (herein named TOS) applies to all web sites/domains hosted by Services at Proto-Host.com. The term "applies" is defined as total content of each web site/domain, as well as "links" from any web site/domain, or to any web site/domain.

Uptime Guarantee: Proto-Host guarantees a server uptime to be of at least 99.5% each month, excluding announced system downtime due to maintenance. Any customer who experiences less uptime as a result of Proto-Host servers' performance may request a full refund according to the 'Refunds' section of this document to receive a full refund for the given month of downtime exceeding 0.5%. Refund offer expires within ten days of the last day of the month that the downtime exceeded 0.5%.

Money Back Guarantee: Every Proto-Host web hosting account comes with a 30 day money back guarantee. The guarantee exclusively applies to web hosting. If for any reason the customer is not satisfied within the first 30 days of the customer's first billing date, a full refund will be issued to the customer according to the 'Refunds' section of this document. Refunds will not be issued after the 30th day of the customer's billing date as part of Proto-Host's money back guarantee.

Refunds: All requests for refunds must be issued through the Proto-Host Billing System, found at https://www.proto-host.com/client/index.php. Proto-Host does not issue any refunds automatically. The customer must submit a trouble ticket through the Proto-Host Billing System in order to apply for a refund. Refunds will not be issued for any service or charge that involves third parties, including but not limited to domain registration and SSL certificate purchasing.

Payments and Fees: Establishment of any service is dependent upon receipt by Proto-Host of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service and will be charged the day prior to the anniversary billing date, with the exception of invoices carrying domain names, which are billed and renewed a month in advance.

Chargeback and Unauthorized Refund Fees: If at any the client requests a refund from Proto-Host through a third party, including but not limited to requesting a chargeback from client's credit card bank or disputing a charge through Paypal, client's account will immediately be terminated and legal action against client will be taken to dispute such claims.

Failure to Pay: Proto-Host may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 10 days past due.

Cancellations: The customer may choose to cancel at anytime. To cancel an account, the client must send a support ticket to the Sales Department and provide any authentication credentials requested by Proto-Host. All cancellations within the first 30 days of service to new customers will be issued a full refund according to the refunds section of this document. To ensure account cancellation and avoid receiving a bill on account's anniversary billing date, client must submit cancellations 3 days prior to anniversary billing date, with the exception of domain names, which must be canceled 35 days prior to renewal date in order to prevent invoicing and billing. If client decides to sign up again after cancellation, the client must repay the package's setup fee.

New Accounts: All new web hosting accounts will be setup within 24 hours of receipt of payment. If Proto-Host takes longer than 48 hours to setup an account, a full refund will be issued to the customer according to the 'Refunds' section of this document.

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of gigabytes or megabytes per month for the Services ordered by Customer. Proto-Host will monitor Customer's bandwidth and disk usage and the customer's account will be suspended upon exceeding bandwidth limit. Extra bandwidth must be purchased in separately.

Server Email: Proto-Host takes a zero tolerance approach to the sending of spam email using Proto-Host's servers or network. Customers may not use or permit others to use our network to transact in spam emails. Customers may not host, or permit hosting of, sites or information that is advertised by spam from other networks. Violations of this policy will result in termination of service.

System and Network Security: Users are prohibited from violating or attempting to violate the security of any network. Violations of system or network security may result in civil or criminal liability. Proto-Host will investigate such occurrences and cooperate with law enforcement authorities in prosecuting Customers who are involved in such violations. These violations include, without limitation:

• Accessing data not intended for Customer or logging into a server or account that Customer is not authorized to access.
• Attempting to scan, probe, or test the vulnerability of a system or network.
• Attempting to scan, probe, or test the vulnerability of a system or network.
• Attempting to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including but without limitation, via means of overloading, "flooding", "floating", "hacking", "mail bombing" or "crashing".
• Forging any TCP/IP packet header or any part of the header information in any e-mail.
• Taking any action in order to obtain services to which Customer is not entitled.

Notification of Violation:
Proto-Host is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police any internet-related activities.

Service Cancellation, Deactivation, or Suspension:
Proto-Host reserves the right to cancel, suspend, or deactivate Customer's account when account is suspected of violation until investigation is over. Proto-Host is under no duty to notify Customer of violations.

Account Violation:
If activity on a customer's account conflicts or violates TOS or AUP, Proto-Host reserves the right to modify, suspend or terminate Customer's account and data in order to adhere to TOS and AUP.

TOS & AUP Revisions:
Proto-Host reserves the right to modify the Terms of Service and Acceptable Usage Policy at any time without prior notice to the customer. All customers must adhere to both documents. Customer is responsible for account's data and activities, including, without limitation, Customer's users actions. Failure to comply with the TOS or AUP will result in account suspension or termination.

Indemnification Policy:
Proto-Host reserves the right to refuse or terminate Proto-Host's services to anyone for any reason not prohibited by law. You agree to use services provided by Proto-Host at your own risk. Proto-Host is not responsible for, and specifically disclaims all warranties, of merchantability, commercial damage, or data loss due to, but without limitation: system breach, hard drive failure, system failure, or any special, incidental, consequential or other damages.

Customer agrees that it shall defend, indemnify, save and hold Proto-Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Proto-Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Proto-Host against liabilities arising out of:

• any injury to person or persons caused by products or data sold or distributed by Customer's web site or in connection with Proto-Host server;
• any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
• copyright infringement;
• thoughts, words, content, or actions causing injury to person or persons;
• any defective products sold to customer from a Proto-Host server.

Proto-Host shall be the sole arbiter as to what violates this Policy.

Proto-Host is not responsible for the content of any other web sites linked to the Proto-Host servers; links are provided as Internet navigation tools only. Proto-Host disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Proto-Host is not responsible for any damages your business may suffer. Proto-Host does not make implied or written warranties for any services that it provides.