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"mbSpot has been a customer of Prosoft Studio's professional hosting for about 2 months now. I have also previously dealt with Brandon and the team about a year ago. Prosoft Studio has been very supportive and quick with any issues that have come up, and I have had excellent support. Thank's Guys! mbSpot is glad we made the switch!"
Prosoft Studio reserves the right to change these terms at any time for without any prior notice. It is up to each client to ensure that they comply with the Terms of Service at all times.
1.1 Your acceptance to these terms is required for the use of any products or services created or owned by Prosoft Studio, or anything offered by Prosoft Studio. You are not allowed to use any of these products or services if you shall decide not to agree to the Terms of Service.
1.2 You can accept these terms in one of the forms shown below:
(A) By clicking or checking any option saying you accept the Terms of Service during the process of using any of our services.
(B) By the use of any of any services or products provided by Prosoft Studio whether an option was present to accept the Terms of Service or not.
1.3 Before the use of any services or products, it is recommended that you have a saved copy of these Terms of Service somewhere on file. Our options for saving these Terms of Service have been listed below:
(A) You can print a copy of these terms at any time.
(B) For users wishing to download these Terms of Service, a PDF version has been created. It is required to view the PDF version that you have Adobe Reader installed! The latest Terms of Service can download in the PDF format at any time by accessing the following link (http://www.prosoftstudio.com/tos.pdf).
2.1 When creating an account for any portion of the Prosoft Studio network, you are guaranteeing that the information you have provided is accurate and valid. If you are found providing inaccurate or false information, Prosoft Studio has the right to terminate or suspend your account with or without notice.
2.2 If by law you are to not register or visit any website related to Prosoft Studio, it is your obligation to leave the website. Prosoft Studio will not block any region/country from access unless request of that areas form of government/leadership.
2.3 All users must be of the age of 18 or have a parent/guardian’s approval. If you live in a country outside of the United States, the age requirement is of the age you become considered an adult.
2.4 An account is for use of one person. You may not have multiple users logging in through a single account. Each member must have their own account. If you are representing a company, please still create your own account and state the company you are representing in your message.
2.5 Every person is entitled to one account only. If we notice multiple accounts are being made for the same person, the newest accounts will be deleted and you will be warned. After the first warning, any future occurrences will result in a permanent ban.
2.6 All banned or suspended members are not allowed to make a new account to bypass their ban or suspension. Avoiding a ban or suspension will result in a permanent ban and a possibly your Internet service provider being contacted.
2.7 You are solely responsible for your account at all times. Prosoft Studio cannot be help responsible for any actions taken by your account. It is not recommended to give out your password to anyone because you are responsible for all the actions of your account. If you notice that unauthorized use of your account has occurred, notify an administrator immediately.
2.8 We reserve the right to terminate any accounts deemed dangerous to our company or are under suspicion of a violation of our Terms of Service. Account termination can be performed without notice if we feel it is necessary.
2.9 If at anytime you feel you would want to terminate your account, please contact an administrator. Only an administrator can delete an account.
3.1 Prosoft Studio has created a privacy policy and it can be found at this link (http://www.prosoftstudio.com/privacypolicy.php) at anytime.
3.2 Our privacy policy has been designed to ensure the privacy of your personal information. It is recommended that you read this policy thoroughly. Prosoft Studio will not give out any unnecessary information intentionally without your consent.
3.3 Changes to our privacy policy can be made at anytime with or without notice from Prosoft Studio. We suggest that you review our privacy policy frequently to ensure you understand the policy at all times.
4.1 All resale of our services are not allowed unless otherwise stated. Licenses to our software may be traded between users. These transfers can be validated to prove authenticity of the seller by Prosoft Studio upon request.
4.2 Upon transfer of ownership of a service or license, you give up all your rights to the item sold. You may no longer access the content or legally use it without purchasing a new license.
4.3 Unless a personal transfer is made, all commercial resale is prohibited unless otherwise stated. Companies may request a resale license to become an authentic reseller of our services or software licenses if provided.
4.4 All authenticated resellers are permitted to sell our products under the limitations of certain terms decided upon by the Prosoft Studio staff.
5.1 Prosoft Studio has the right to accept or deny any hosting order for any reason.
5.2 Prosoft Studio has the right to terminate or suspend any hosting account if found violating our Terms of Service. Prosoft Studio does is not required to give notice before an account is suspended or terminated.
5.3 If a hosting account is terminated or suspended for any violation of our Terms of Service, no refund will be made for that month. If the account was prepaid for the upcoming months, we will refund the amount of the upcoming months with a nonnegotiable price decided upon by the Prosoft Studio staff.
5.4 The following items are not allowed on any hosting accounts:
(A) Hosting, linking, and discussion of the following are not allowed:
• Warez websites
• Peer-to-Peer networks
• Hacking tools
• Copyright infringement
• Cracking software
• Child pornography
• Drug use or sales
• Illegal activity
• Racist, obscene or hate sites
• Proxy sites
• IRC bots
• Any sites which minors could potentially be harmed in any way
5.5 Any use of nulled, hacked, or stolen script is strictly prohibited and will result in an immediate termination of your account.
5.6 Prosoft Studio guarantees at least 99.0% uptime. This guarantee does not include any scheduled downtime that may occur. In the event of any scheduled downtime, all clients will be notified in advance. If for some reason, the uptime drops below 99.0%, you will be entitled to 50% off your next month's bill.
It is your responsibility as a client to notify out billing department if the uptime drops below 99.0%. An official uptime monitor will be maintained by Prosoft Studio.
5.7 All hosting accounts under Prosoft Studio must abide to the laws of the United States of America at all times. If any unlawful acts are committed, you may face criminal punishments.
5.8 Any account using more than 7% of the system resources for longer than 90 seconds will be suspended. Multiple occurrences may lead to a termination if not a immediate termination for the first occurrence.
5.9 Prosoft Studio holds the right terminate and/or suspend any account with or without notice if deemed necessary.
5.10 Prosoft Studio is not responsible for any lost or stolen data. It is the client's responsibility to ensure they have backups of their data in case of a server error.
5.11 If a dedicated IP address is needed, you may request one from our Sales Department for $5/month. Dedicated IP addresses are only allowed for reseller accounts, or accounts requiring the installation of an SSL certificate.
6.1 All new accounts will be created upon receiving a full payment for that month of service.
6.2 It is your responsibility to ensure payment for your account is made in full as it falls due. Failure to pay in full and on time for your account will result in additional late fee of 15% of the balance due being charged to your account. If you do not pay in full within 7 days of the amount falling due, your account will be suspended. If full payment has not been received within 14 days, your account will be terminated.
6.3 Prosoft Studio reserves the right to change the price of products or services as they see fit.
7.1 All new clients are entitled to a 15 day money back guarantee on all web hosting plans. You can ask for a refund within this period with no questions asked and we will issue a refund. This offer only applies to first-time clients. Returning clients are not entitled to our money back guarantee.
7.2 All domain name sales are final. No refunds will be issued for any domain purchases.
7.3 If your service was terminated for a violation to our Terms of Service, the return policy will be waived and no refund will be made.
8.1 You are solely responsible for ensuring that all clients under your reseller account comply with this Terms of Service.
8.2 If your client contacts us for support, we will provide support however the reseller will be contacted. Prosoft Studio only offers Tier I support to its clients. It is the responsibility of the reseller to provide their own support to their sub-clients.
8.3 If you have an unmetered reseller plan, you will be restricted to providing paid web hosting services only. You are allowed to give free hosting to your personal friends. If you are found to be providing free hosting, your account will be suspended until this issue has been resolved.
8.4 It is the responsibility of the reseller to manage the backups of their sub-clients. Prosoft Studio will not backup any account. It is up to the reseller if they will backup their sub-client's files or have the sub-client manage their own backups.
9.1 Prosoft Studio may cancel any service at any time, with or without prior notice.
9.2 Clients may cancel their service at any point from within the client manager. Please see Article 7 for our policy on returns.
Prosoft Studio Terms of Service - Version 1.2.3 - As of May 22th, 2008 3:27PM PDT
