Prophectus Web Hosting Terms and Conditions

You must agree to the following terms and conditions to have your web site hosted by Prophectus.

No warranties

 

This website is provided “as is” without any representations or warranties, express or implied.  Prophectus Ltd. makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 

Without prejudice to the generality of the foregoing paragraph, Prophectus Ltd. does not warrant that:

 

l  this website will be constantly available, or available at all; or

l  the information on this website is complete, true, accurate or non-misleading.

 

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

 

Limitations of liability

 

Prophectus Ltd. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

 

l  [to the extent that the website is provided free-of-charge, for any direct loss;]

l  for any indirect, special or consequential loss; or

l  for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 

These limitations of liability apply even if Prophectus Ltd. has been expressly advised of the potential loss.

 

Exceptions

 

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Prophectus’s  liability in respect of any:

 

l  death or personal injury caused by Prophectus Ltd. negligence;

l  fraud or fraudulent misrepresentation on the part of Prophectus Ltd.; or

l  matter which it would be illegal or unlawful for Prophectus Ltd. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 

If you do not think they are reasonable, you must not use this website.

 

Other parties

 

[You accept that, as a limited liability entity, Prophectus Ltd. has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Prophectus Ltd. officers or employees in respect of any losses you suffer in connection with the website.]

 

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Prophectus Ltd. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Prophectus Ltd..

 

Unenforceable provisions

 

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Allowed content

Prophectus does not allow storage and/or display of the following material on its servers. This includes uploading to web sites, or transmitting by any material (by e-mail, uploading, posting or otherwise).

• Adult Sites: We prohibit any adult (pornographic) web-sites on our servers, including pedophile sites, sites linking to pornographic sites (outside links) and pornographic advertisements on your own site.
• Illegal use: Prophectus services may not be used for illegal purposes, or in support of illegal activities.
• Copyright or trademark infringement: Use of the Prophectus service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
• Distribution of Viruses, Spyware, and Malware: Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Distribution of software that monitors computer or computer user activity without the computer user\'s knowledge and consent is prohibited.

Spamming

Spamming (sending unsolicited commercial or bulk emails) using our servers is strictly not allowed. DO NOT SEND SPAM EMAIL FROM OUR SERVERS.

Sending spam emails which include links to a web site hosted on one of our servers is also forbidden. We reserve the right to suspend or terminate any site that is linked to from spam emails.

To protect our servers we may impose limits on the number of emails sent within a particular time frame from our servers.

Usenet Spamming: We have a zero tolerance policy for the use of our network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Server Use

We want to allow our customers to use our servers the best way, but in order to protect other users, we may, temporarily or not, suspend a site if this site slows down our servers or uses too much server resource. In this case, we will try to find a solution together with the customer.

You may not use your site to publish material, which Prophectus determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

You must take resonable steps to protect the security of our servers. This includes, but is not limited to:

• keeping all passwords to Prophectus systems secure. You must not reveal your passwords to third parties.
• ensuring that any scripts that are installed on your site cannot be exploited to compromise the security or the server.

The following constitute violations of Prophectus terms and conditions:

• Illegal use: Prophectus services may not be used for illegal purposes, or in support of illegal activities. Prophectus reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
• Harm to minors: Use of the Prophectus service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
• Threats: Use of the Prophectus service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
• Harassment: Use of the Prophectus service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
• Fraudulent activity: Use of the Prophectus service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," "hyip schemes," and "chain letters."
• Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
• Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the Prophectus service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Prophectus account.
• Unauthorized access: Use of the Prophectus service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Prophectus or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
• Fraudulent links: Use of fraudulent referrers to a site hosted on our servers is forbidden. This includes, but is not limited to, blog ping backs. Inappropriate (e.g. off-topic or automated) postings to forums, or other services containing links to a site hosted on our servers is forbidden.
• Servers and Proxies: Use of server software or scripts which creates a listening socket on our server is forbidden. Proxies which receive requests over HTTP and use our network connection to forward the request to another server are not permitted. This includes, but is not limited to, HTTP proxies.
• File Sharing and Bit Torrents: Use of software and scripts for "file sharing", "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.

Scripts

You are responsible for ensuring that any scripts that you install do not compromise the security of our servers. This includes, but is not limited to:

• ensuring that it is not possible to abuse such scripts to gain access to the file system of the server.
• ensuring that it is not possible to abuse such scripts to send emails to third parties.
• ensuring that you update any installed scripts with the latest releases, which often contain security fixes.

If a script installed on your site is compromised, we may require a clean up of your site.

Where we provide an automatic script installer we may update installed scripts to the latest releases.

Server maintenance

We might have, from time to time, to perform maintainence, upgrades or replacements to our servers. We reserve the right to suspend access to such server during the required time to do the maintainence, upgrade or exchange the server, for no more than 4 hours. In this event, the users will be sent an e- mail at least 24 hours before the due date and time for maintenance.

Responsibility

Prophectus can not be held responsible for any damage caused to your business or yourself, even if the damage is directly caused by one of our employees. Prophectus cannot be held responsible for any loss of data or service interruption, but will do its best to help the customer.

You, as a Prophectus customer, are solely responsible for the content stored on and served by your web site.

Backups

We may provide a backup service for your site, however, we do not accept responsibility for any failure of our backup mechanism. We will restore your site from backup without charge once each calendar month. If further restorations are necessary, we may charge a US$10 fee for doing so. We may at our sole discretion waive this fee.

You are responsible for maintaining adequate backups of your content.

Technical Support

Prophectus provides technical support to our customers via a support ticket system. Prophectus provides support related to your web site physical functioning. Prophectus does not offer technical support for application specific issues such as PHP or cgi programming, html, script installation or any other such issue. There are links in the members area to other web sites that can help with such issues.

You may purchase additional technical support for issues which are not covered by our normal support. Our standard technical support rate is US$15 per half hour, paid in advance. For a cost estimate for additional support please create a support ticket in the members area describing the support you require. If you purchase additional technical support and our estimate is too low we will stop work and advise you as soon as possible and provide you with a new estimate. If our estimate is too high, we will refund any extra amount paid by you.

Modification

We may modify any of these terms and conditions contained, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications. If any modification is unacceptable to you, your only recourse is to terminate your account(s). In this case, a pro-rata repayment of web hosting costs will be made.

Uptime Guarantee

We have an availability guarantee of 99.99% availability per month. If this is not met, we will, on request, credit your hosting with 1 day for each hour your site is down, up to a maximum credit of 15 days in any calendar month.

Chargeback and Payment Disputes

All payment disputes must be raised via the support ticket system.

If you dispute a payment through your credit card company, through PayPal or another financial institution we may immediately suspend or terminate all services you have purchased from us. We may levy a charge of $25 per dispute instance, payable before we restore your services. If we are charged a chargeback settlement fee, or other fee related to the payment dispute, we may pass this fee onto you.

Termination and Suspensionz-

You may terminate your hosting at any time by advising us via a support ticket that you wish to do so.

We may suspend any or all of your services where we have reason to suspect a violation of our terms and conditions whilst we investigate the suspected violation. We may suspend your services where we have reason to suspect that a script installed on your site is being abused whilst we investigate the suspected abuse.

Clean Up

If we suspect that activities performed by you or a third party on your hosting account, whether deliberate or not, may compromise the security of our server or any other server or computer, we may require a clean up to be performed.

A simple clean up will be provided free of charge, resulting in total loss of existing data on your hosting account. You should then restore the site from your backups. Depending on the severity, we may agree to perform a complex clean up (targeting only compromised files), for which we will charge support at our standard support rate.

Violations

If you violate our terms and conditions we may terminate or suspend (temporarily or indefinately) any services you have with us. In this case no refund will be given for any payments that have been, or are made by you to us.

Following a violations of or terms and conditions, we may levy an investigation charge of $25per instance.

Cancellation and refund

Prophectus will accept a request to cancel a web hosting account and give a full refund to a new customer who requests such refund and cancellation within 30 days of ordering. Domain name registrations cannot be cancelled and are not refundable.