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The Prime Host prohibits sites engaged in:
Illegal activities including but not limited to
storing and/or distributing illegal copies of copyrighted software,
warez sites, violations of copyrights and trademarks, violations of U.S.
laws, selling and/or distributing illegal contraband, Proxy Scripts and
or websites / Anonymizers, IRC Bots, image hosting only sites without a
domain name, download or upload sites, backup space sites, CDN services
(content delivery network), free web hosting service providers, Escrow Sites,
High-Yield Interest Programs(HYIP) or related sites, Investment sites
(FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture
Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's,
hate sites, hacker focused sites and or archives,programs.
Internet abuse including but not limited to
spamming - mass unsolicited Emailing, distribution of mass emailing
programs, cross-posting messages to large number of usenet groups,
posting obscene or inflammatory messages, threatening other Internet
users, mail bombing Internet users, running packet sniffers or port
scanners, and spamming our support staff. Spammers are held responsible
for a 500 dollar clean up fee.
Systems abuse including but not limited to use of
excessive CPU resources, use of excessive disk space, use of excessive
email storage space, hacking our systems, installing continuously
running programs, such as IRC bots, and reselling CGI scripts.
Data Transfer
If any users go over the allotted bandwidth amount
the user will asses a fee of $2.00 per gigabyte.
Adult Content
The determination of what is "adult content" and
prohibited shall be solely made by The Prime Host.
Should a policy violation occur, The Prime Host
reserves the right to terminate the account without notice and without
any refunds. The policy violating client will be held responsible for
any damages to The Prime Host's system, servers, connectivity,
reputation, business, service, network, operations, or equipment. The
policy violator may be charged a $500 clean up fee.
Web Site Content
The client is responsible for keeping a copy of
their most current web site files as backup on a remote system (not on
The Prime Host servers). The Prime Host is not responsible for any lost
files, information, or data.
System Updates
The client understands that system updates occur
in real-time and as queued batch processes. For example, account
passwords are currently updated as queued batch processes, therefore the
update does not occur in the system instantaneously. The Prime Host
reserves the right to modify the processing times at any time without
notice. If a client or The Prime Host support personnel (when authorized
by client) makes any modifications to a hosting account, the client is
responsible to make sure these updates have occured in our system.
Shared Hosting Account Disk Space and Bandwidth
Usage
90% or more of your content on your website must
be linked from an HTML, PHP or similarly coded web page where all
content is freely available to the public. Your website must consist of
web pages of a standard design, essentially HTML based text and
graphics. Downloadable files, media, streaming content or any file which
consumes more than 500kb of space must not exceed 10% of your total used
disk usage. In order to ensure that these limitations on our
non-reseller hosting accounts are not broken, webspace and bandwidth
will be allocated in increments of 1,000 MB of web space and 10,000 MB
of bandwidth. When more space and or bandwidth is needed the user agrees
to contact our helpdesk requesting more.
Shared Hosting, Reseller Hosting and VPS Hosting Resource Usage
Users may not:
1) Use 25% or more of system resources for longer
then 90 seconds.
2) Run IRCD or standalone server side unattentded
processes.
3) Run cron jobs that in intervals of less than 15
minutes.
4) Run gaming servers, process game server stats,
teamspeak, ventrillo or any other voice application, torrents, torrent
related sites, trackers or applications on shared, reseller or vps
plans.
5) Run any processes related to or that interface
with IRC programs and or networks.
6) Run any kind of web indexer or web spider.
7) Repeatedly create and delete large numbers of
files on a regular basis causing system damage.
8) Image Hosting Scripts (similar to Photobucket)
9) Auto-Surf Scripts
10) Mirror Scripts / Auto Dump Scripts (similar to
rapidshare)
Inodes
Users may not exceed more than 50,000 Inodes per
shared hosting account ( a shared hosting account is one cpanel username
). This limit is in place to prevent system overusage. Every email,
webpage, file, etc takes up one inode.
Dedicated Server Operating System Reloads
We allow one free Operating System reload per month for
dedicated server hosting clients on standard dedicated hosting plans.
This does not apply to bargain, overstock or promotion
based plans. If a client requires more than one
Operating System reload per month, a
charge of $25 per incident will be applied to the customer's account.
Support
Free customer techincal support is provided via
our helpdesk. Technical support emails will be answered within 24 hours.
Billing inquiries will be answered within one business day. Client
agrees not to spam support. The Prime Host does not provide web site
design, custom programming and scripting, or web site consulting
services.
Payment Policy
All services are on a monthly, quarterly or yearly
prepayment basis.
The Prime Host only accepts credit card and paypal
payments.
Service is activated only after receipt of
payment.
Credit card payment is authorized and assessed in
real time.
Once an order is successfully submitted, the
client is subject to The Prime Host's refund policy.
The one time setup is non-refundable.
All monetary transactions will occur in $ US
dollars.
No bills or invoices will be sent by postal mail
or fax.
All InterNIC fees are separate from The Prime Host
costs and the client is responsible for timely payments to InterNIC for
domain ownership.
The Prime Host reserves the right to change
pricing schedule at any time.
Invoices that have been paid more than once with
multiple paypal subscriptions can only be credited towards the account
and cannot be refunded via paypal. If you require assistance with this
policy please contact sales@theprimehost.com
Additional Features
Additional features can be added at any time. When
a feature is added, the client is assessed charges for the month and
every upcoming month until the end of their billing cycle. Feature
prices are not prorated.
Renewal Notification and Billing Schedule
Renewal notification is emailed to the billing
contact email address on file. Clients are responsible for keeping their
contact information up to date. Clients agree to use a contact email
address that is not hosted on The Prime Host servers as their contact
email.
Clients on quarterly prepayment may queue
themselves for annual prepayment at least 10 days prior to the end of
their current billing cycle. If the client does not queue themselves for
annual prepayment, the account will automatically be assessed quarterly
prepayment.
Clients on annual prepayment must renew for annual
prepayment at least 10 days prior to the end of their billing cycle. If
the client does not renew for annual prepayment, the account will
automatically revert to quarterly prepayment.
Credit Card Failures
In the event of any credit card failure, a notice
will be sent to the billing contact via email. An attempt will be made
to charge the credit card everyday until a successful charge or the end
of the billing cycle. If the credit card is charged successfully, a
notification of 'successful charge' will be sent to the billing contact
via email. If payment is declined in three consecutive billing attempts
suspension of the account will occur. Dedicated Servers will be
suspended after 3 consecutive days of failed billing attempts and
terminated after 10 days.
Account Reactivation
If an account was cancelled due to client request
or billing issues and the client desires to reactivate the account, a
non-refundable reactivation fee of $19.95 will be required prior to
account reactivation. Accounts are reactivated after all outstanding
charges are paid, including outstanding hosting charges and NSF check
processing fees (if applicable).
If an account was cancelled due to policy
violation, The Prime Host will not reactivate the account.
Refund Policy
The Prime Host offers a 30 day money back
guarantee for shared and reseller web hosting services only. Once the
first 30 days have passed there are no pro-rated refunds.
The Prime Host offers a 14 day money back guarantee
on VPS Hosting plans. Once the first 14 days have passed there are no
pro-rated refunds.
The Prime Host refund policy only applies to first
time clients and or accounts. For example if you sign up for an account,
cancel and then signup again, you are not eligible for a refund.
There are no refunds for dedicated servers.
There are no refunds for domain registration
services.
If The Prime Host terminates an account due to
Terms of Service policy violations, there will be no refund.
The fees for additional features are
non-refundable.
Cancellation
The Prime Host reserves the right to terminate
service at any time. If an account is terminated for a policy violation
there will be no refund. The policy violator may be assessed a 500
dollar clean up fee. The Prime Host reserves the right to delete the
policy violating web site content without notice.
Customers can cancel service at any time. Account
cancellations are not accepted via email. All account cancellations are
to be requested through the client's billing control panel contact form.
First time Shared Hosting and Reseller Hosting customers that cancel within the first
30 days of service are eligible for a refund per our 30 day money back
guarantee. The 30 day money back guarantee applies to web hosting fees
only.
If the client requests cancellation, their account
will be terminated immediately. The Prime Host reserves the right to
delete the web site contents without notice.
Indemnification
Client agrees to defend, indemnify and hold
harmless The Prime Host against any liabilities arising out of defective
products sold to customers from The Prime Host servers, personal injury
or property damage caused by products or services sold or distributed
from The Prime Host servers, any material that infringes or allegedly
infringes on the rights of a third party available from The Prime Host
servers, and any material that libels or allegedly libels a third party
available from The Prime Host servers.
Arbitration
By using any The Prime Host services, clients
agree to binding arbitration. If any disputes or claims arise against
The Prime Host or its subsidiaries, such disputes will be handled by an
arbitrator of The Prime Host's choice. All decisions rendered by that
arbitrator will be binding and final. Clients are also responsible for
any and all costs related to such arbitration.
Disclaimer
The Prime Host is not responsible for any damages
to any client's business. The Prime Host makes no warranties or
guarantees of any kind, expressed or implied for services that we
provide. Use of The Prime Host's web hosting and email service is at the
client's sole risk. The Prime Host's services are provided on an "as is,
as available" basis.
The Prime Host does not guarantee that our
services will be uninterrupted or error free. The Prime Host will
provide every effort in good faith to ensure that its services are
available to as many Internet users as possible with minimal service
interruptions.
In no circumstance will The Prime Host be liable
for any claims resulting from the use or inability to use The Prime
Host's services - including, but not limited to, service interruptions,
client errors, Internet connectivity problems, miscommunications,
unauthorized access to The Prime Host servers, InterNIC problems, DNS
caching, Internet bandwidth congestion, power failures, vandalism, and
natural disasters.
The Prime Host reserves the right to revise our
policies at any time.
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