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Acceptable Use Policy - Hosting

99.9% Uptime Guarantee
ProActivate guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where ProActivate has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and ProActivate's data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that ProActivate cannot directly influence.

To request a service credit due to an uptime concern, please submit a request for this guarantee via ProActivate's “Contact Us” form located on the main menu to the left. If requesting a “service credit” we ask that subscriber briefly explains the reasons for doing so.

Prohibition of Adult Content
Subscribers of ProActivate’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

"Fair-Use" Resource Assignment
FTP services and are not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All your downloadable files or files stored on the server have to be available for download via a HTML document stored on the Internet in a publicly or privately accessible area. This policy only applies to web sites who are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space utilization. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of ProActivate. If a "Fair-Use" breach occurs, ProActivate may have to remove files from the subscriber's account in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that ProActivate may have to take.

SPAM and Unsolicited Commercial Email (UCE)
ProActivate takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of ProActivate may not use, or permit others to use, our network to partake in UCE distribution. Customers of ProActivate may not host or permit hosting of sites or information that is advertised by UCE from other networks.

Upon notification of an alleged violation of our SPAM policy, ProActivate will initiate an immediate investigation. During the investigation, ProActivate may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, ProActivate may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, ProActivate reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ProActivate will notify law enforcement officials if the violation is believed to be a criminal offense.

Payment
Establishment of this service is dependent upon receipt of payment of stated charges by ProActivate. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.

Failure to Pay
ProActivate may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.

Account Cancellation
A subscriber may cancel his account at any time via email. If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how ProActivate could improve service. The cancellation will take effect immediately and the subscriber’s account will remain active until the end of the subscription. Account resumption is possible by email, in case you should redecide.

Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of ProActivate and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that ProActivate shall not be liable for any damages arising from such causes beyond the direct and exclusive control of ProActivate. Subscriber further acknowledges that the ProActivate’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall ProActivate be liable for any special or consequential damages, loss or injury.

Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to ProActivate's servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by ProActivate on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessability or cooperation by the domain name registration’s registrar.

Support Boundaries
ProActivate provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support: ProActivate provides support related to your service plan’s features’ physical functioning.

Network
A. IP Address Ownership
If ProActivate assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to ProActivate and the subscriber shall have no right to use that IP address except as permitted by ProActivate. ProActivate shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by ProActivate. ProActivate reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time
.

B. Bandwidth and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). ProActivate will monitor subscriber’s bandwidth and disk usage. ProActivate shall have the right to take corrective action if subscriber’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement. Which actions may be taken are in ProActivate's sole and absolute discretion, at any time it is deemed necessary by ProActivate. If ProActivate takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any cause, subscriber will be warned of approaching or exceeded resource limits via email by ProActivate’s automated notification system.

C. System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of ProActivate’s network or any and all components therein. Violations of system or network security may result in civil or criminal liability. ProActivate will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:

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

Notification of Violation
ProActivate is under no obligation or duty to constantly view each subscriber's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. ProActivate will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other subscribers. If a subscriber is found to be in violation, the following steps are taken:

1. First violation: Any Subscriber, which ProActivate determines to have violated any element of this TOS shall receive an email warning them of the violation. Subscriber’s service is subject to a temporary suspension at ProActivate's discretion pending a subscriber's agreement in writing to refrain from any further violations.
2. Second violation: Subscribers, whom ProActivate determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.

NOTE: ProActivate reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the subscriber. ProActivate will contact the subscriber as soon as it is feasible.

Suspension of Service or Cancellation
ProActivate reserves the right to suspend network access to any subscriber if in the judgment of ProActivate, the subscriber‘s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which ProActivate deems necessary.

If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.

Miscellaneous Provisions
Subscriber must provide Proactivate real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

1. ProActivate takes no responsibility for any material placed on its network by others. ProActivate is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. IX Web Hosting disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
2. ProActivate’s subscribers are not permitted to run IRC servers

Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that ProActivate may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.

Phone/Fax: (620) 870-0206
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