Terms Of Service

Pro Hosting Internet Services Ltd

Domain Specific Terms & Conditions

Revision date: 15 March 2017

They may be amended from time to time without prior notification. By using Pro Hosting Internet Service Ltd to register or host your domain you automatically agree to our terms and conditions laid out below. The contract between you and Pro Hosting Internet Service Ltd is subject to the following:

You must have the right to use the name and by registering, transferring or importing you confirm to us that you have that right.
By registering, transferring or importing a name you agree to keep Pro Hosting Internet Service Ltd and its directors fully and effectively indemnified at all times; and indemnify Pro Hosting Internet Service Ltd and its directors accordingly against all costs, claims, liabilities actions and expenses arising directly or indirectly from your choice and use of the domain name, or by any breach by you of your obligations contained herein.

You may register, transfer or import a domain name on behalf of somebody else (if you are an Internet Service Provider for example) and you may charge them what you like for your services. If you register, transfer or import a name without the permission and the knowledge of its final user and then sell it to them, you do so without our knowledge or consent. Breach of this term will result in cancellation of the registration.

If you register, transfer or import a domain name on behalf of somebody else (a client, for example) and you are registered on our database as a billing contact, Pro Hosting Internet Service Ltd will first seek payment from you. If you do not pay the fees for whatever reason, Pro Hosting Internet Service Ltd will have the right to recover the fees from the client.

The initial registration can be requested from 1 to 10 years, depending on the TLD selected, from the date of application for registration. Thereafter, you may renew the registration through Pro Hosting Internet Service Ltd for a further desired period, again dependent on the maximum registration periods imposed by each TLD registry.

Renewal policy:
You may renew domains registered through Pro Hosting Internet Service Ltd at any time by logging into the Pro Hosting Client Area, note that the auto-renew option in your client area only generates a due invoice, the domain will not be renewed until the renewal invoice has been paid in full including any additional fees incurred by way of redemption fees. If you choose to auto-renew we will attempt to renew your domain name 30, 14, and 7 days before the expiry, and then on the day of expiry itself. We will also send a reminder that your domains will auto-renew seven days before we attempt to renew them in case you do not wish to renew the domain. If payment fails, we will inform you and re-attempt the renewal at the next milestone. Refunds cannot be given for unwanted domains that have been renewed automatically. For non-auto-renewing domains, we send reminders with a link to renew, 30, 14, and 7 days before the domain expires, and on the day it expires itself.

Expiry policy:
Once your .co.za domain expires, there will be a 7-day grace period before your domain is suspended. The domain will then have another 20 days before it is deleted, at which point it becomes available for re-registration. You can renew the domain at no extra charge anytime during the first 7-day period, after this period a redemption fee of R250.oo-ZAR will be added to the renewal fee. For non-co.za domains, there is a 30-day grace period, then a redemption period which is usually 30 days. For ICANN’s new gTLDs there is usually a grace period of 40 days and a redemption period of 30. During the redemption period, there may be an additional cost to renew your domain, these costs can be as much as $100.00USD and in some cases above this amount. Please note: Some special domain names may have different redemption and grace period time frames, and you should check with the original reseller if yours does not renew. Pro Hosting Internet Service Ltd will not be liable if this is the case.

By default, the details you provide at the time of registration, and those of the client you select the domain to be registered on behalf of, can and will be displayed when a WHOIS search is performed against the domain name registered.
You may surrender the registration of the domain name by notice in writing to Pro Hosting Internet Service Ltd via our ticket system under the Domain Administration Department.
Once the domain name and your full details have been entered in the database no refund will be payable by Pro Hosting Internet Service Ltd.
Domain names are registered on a first come, first served basis, whether or not Pro Hosting Internet Service Ltd has domain name service entries on the database; or whether Pro Hosting Internet Service Ltd has received payment for the name.

There is no guarantee that a domain name applied for has been entered on Pro Hosting Internet Service Ltd.’s database until you receive confirmation of registration. You are advised not to take any action in respect of the registration of the domain name before you have received confirmation.

Acceptance of names is at the discretion of Pro Hosting Internet Service Ltd. Pro Hosting Internet Service Ltd will not accept a name for delegation if: a) it has previously been registered b) we believe that you may not have the right to use the name.

Payment becomes due immediately as the domain is registered or transferred. All outstanding payments must be cleared within 7 days from the date of registration or Pro Hosting Internet Service Ltd has the right to cancel the name and/or discontinue the name service. Pro Hosting Internet Service Ltd reserves the right to charge for a resumption of domain name service. If Pro Hosting Internet Service Ltd does not receive payment for the domain name, Pro Hosting Internet Service Ltd reserves the right to delete the name from the database and make it available for registration to the public. Once you have submitted a registration, or we have registered a domain on your behalf, you are liable for the full fees for the amount of time the domain is registered for; and any costs we incur recovering any outstanding fees, regardless of whether you keep or delete the name.

Pro Hosting Internet Service Ltd may cancel the registration or suspend the delegation of the domain name in exceptional circumstances by notice in writing to you. Exceptional circumstances include: where to maintain the registration would put Pro Hosting Internet Service Ltd in conflict with the statutory obligation or the terms of a Court Order, or where the registration or use of the domain name conflicts with Pro Hosting Internet Service Ltd’s rules for its domains and subdomains in force from time to time.

It is agreed that Pro Hosting Internet Services will not transfer a domain or change the TAG to another registrar until any outstanding balance over 30 days is paid in full. It is agreed that in the event of an unpaid invoice or outstanding balance for any service provided by Pro Hosting Internet Service Ltd or a Pro Hosting Internet Service Ltd employee, Pro Hosting Internet Services has the right to suspend or remove any or all domains associated with you or your company from Pro Hosting Internet Service Ltd DNS or servers. Furthermore, in the event of suspension or cancellation of service, it is agreed that you will indemnify Pro Hosting Internet Service Ltd and any of its employees from any damages or loss of consequential business.
In the event that you wish to transfer a domain to another service provider or TAG holder, you can do this in Pro Hosting Client Area without charge provided that the terms in point 16 are met.

Pro Hosting Internet Services is an Accredited Registrar, we also procure our domains through DiamatriX, eNom, Tucows and Nominet and we reserve the right to vary these conditions as a result of changes required by these providers.

Any attempt made to contact Pro Hosting Internet Services through the website or Pro Hosting Client Area will be responded to in a maximum of five business days.

Prohibited Content

Prohibited are sites that promote any illegal activity or present content that may be damaging to Pro Hosting Internet Services Ltd’ servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

Important:
If your account is found to contain illegal activity, illegal MP3 files, Pirated Software, Hacker Programs, Warez Programs or any other illegal files, your account will be terminated immediately, without notice and no refund will be considered. An additional £50.00 cancellation fee will apply. Additionally, Pro Hosting Internet Services Ltd will notify the proper authorities of your activities, IP address and contact details.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill £1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 Mb – 1 Gb will be treated and billed as the same. Should you require additional bandwidth you would need to contact our sales team to arrange an upgrade to avoid additional usage costs. Unlimited plans have a fair usage policy with a limit of 50GB of traffic after which we will monitor your usage to avoid affecting other customers using the shared hosting services.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Pro Hosting Internet Services Ltd is strictly prohibited. As our customer, you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of a refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Pro Hosting Internet Services Ltd must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Data Centers

We are constantly upgrading our data centre facilities and in order for you to benefit from this, you agree that we may relocate your servers within our data centres, make changes to the provision of the Services, URLs and your IP addresses and may establish new procedures for the use of the Services. We may also make changes to DNS records and zones on Pro Hosting operated or managed DNS servers as we deem necessary for the operation of the shared network infrastructure. In each case, we will give you reasonable advance notice and use all reasonable endeavours to minimise the effect that such change will have on your use of the Services.

Services Management Applications

You agree that you will not interfere with any services management software applications that Pro Hosting Internet Services Ltd installs on your Hosted System. Pro Hosting Internet Services Ltd agrees that its applications will use only a minimal amount of computing resources, and will not interfere with your use of your Hosted System.

Pro Hosting Internet Services Ltd will use the agents to track the hardware and software that Pro Hosting Internet Services Ltd provides so that it can more efficiently manage various service issues, such as patching exceptions and product life cycles. Pro Hosting Internet Services Ltd may also use the software to identify security vulnerabilities. Pro Hosting Internet Services Ltd will not use the agents to view or capture your content or data.

Your Services will become “unsupported” if you disable or interfere with our service management software applications. You agree that Pro Hosting Internet Services Ltd may access your Hosted System to reinstall services management software applications if you disable or interfere with their performance.

Who may use the services?

You may permit your subsidiaries and affiliated companies to use the Services if you wish, however you are responsible for the acts or omissions of your permitted users. Pro Hosting Internet Services Ltd will provide support only to you, not to your customers, subsidiaries or affiliates.

There are no third party beneficiaries to the Agreement, meaning that your customers, subsidiaries, affiliates, and other third parties do not have any rights against either of us under this Agreement.

Publicity

You agree that we may publicly disclose that we are providing Services to you and may use your name and logo to identify you as our customer in promotional materials, including press releases. We will not use your name or logo in a manner that suggests an endorsement or affiliation.

Suspension of services

We may suspend Services without liability if:

1.1 we reasonably believe that the Services are being used in breach of the Agreement;

1.2 you don’t cooperate with our reasonable investigation of any suspected violation of the Agreement;

1.3 there is an attack on your Hosted System or your Hosted System is accessed or manipulated by a third party without your consent;

1.4 we are required by law or a regulatory or government body to suspend your Services; or

1.5 there is another event for which we reasonably believe that the suspension of Services is necessary to protect the Pro Hosting Internet Services Ltd network or our other customers.

2 We will give you advance notice of a suspension under this clause of at least twelve (12) Business Hours unless we determine in our reasonable commercial judgment that a suspension on shorter or contemporaneous notice is necessary to protect Pro Hosting Internet Services Ltd or its other customers from imminent and significant operational, legal, or security risk. If your Hosted System is compromised, then you must address the vulnerability prior to Pro Hosting Internet Services Ltd placing the Hosted System back in service or, at your request, we may be able to perform this work for you at our standard hourly rates as a Supplementary Service.

Unauthorised access to your data or use of the services

Pro Hosting Internet Services Ltd is not responsible to you or any third party for unauthorised access to your data or the unauthorised use of the Services unless the unauthorised access or use results from Pro Hosting Internet Services Ltd.’s failure to meet its security obligations when initially creating your services and securing them with strong passwords.

You are responsible for the use of the Services by any employee of yours, any person you authorize to use the Services, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.

Promises We Do Not Make

We do not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information and property.

We disclaim any and all warranties not expressly stated in these Terms of Service Agreement to the maximum extent permitted by law, including the implied warranties relating to satisfactory quality and fitness for a particular purpose.

You are solely responsible for the suitability of the services chosen. Any services that we are not contractually obligated to provide but that we may perform for you at your request and without any additional charge are provided on an ‘AS IS’ basis.

We do not have knowledge of the data you store within your Hosted System, including the quantity, value or use of the data. You are therefore responsible for taking all reasonable steps to mitigate the risks inherent in the provision of the Services, including loss of your data, including any PII or “cardholder data” as that term is defined in the Payment Card Industry-Data Security Standard.

Pro Hosting Internet Services Ltd does not provide assistance to you to mitigate such loss, it is wholly your responsibility to backup and secure your hosted data, which may include backup services and geographically redundant servers.

Pro Hosting Internet Services Ltd does not promise to back up your data unless you have purchased backup services. If you purchase backup services Pro Hosting Internet Services Ltd does not promise to retain any data backup(s) for longer than the agreed data retention period as set out in the Services Description. In all events, you release Pro Hosting Internet Services Ltd from liability for loss of data to the extent that the data has changed since the time that we were last required by the ordered service to perform a backup.

We will provide Support only to your administrative or technical contacts listed on your account. We will not provide support directly to your end users unless specifically agreed in writing.

Certain Pro Hosting Internet Services Ltd Services are designed to help you comply with various regulatory requirements that may be applicable to you. However, you are responsible for understanding the regulatory requirements applicable to your business and for selecting and using those Services in a manner that complies with the applicable requirements.

Your Obligations

You must use reasonable security precautions in connection with your use of the Services. You must comply with the laws applicable to your use of the Services and with the Acceptable Use Policy. You must cooperate with Pro Hosting Internet Services Ltd.’s reasonable investigation of Service outages, security problems, and any suspected breach of the Agreement. You are responsible for keeping your account permissions, billing, and other account information up to date using your Pro Hosting Client portal. You must pay when due the fees for the Services Pro Hosting Internet Services Ltd provides to you. If there is a dispute with respect to any portion of an invoice, you shall pay the undisputed portion of the fees promptly and provide written details specifying the basis of any dispute. Pro Hosting Internet Services Ltd agrees to work together with you to promptly resolve any disputes.

Billing

By the Account Activation Date of each month, Pro Hosting Internet Services Ltd shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Pro Hosting Internet Services Ltd by no later than the specified payment due date. Pro Hosting Internet Services Ltd shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended. Overdue invoices may incur a 25% late fee.

Service Fees

Certain services carry a setup fee charged by Pro Hosting Internet Services Ltd to the client, which must be paid by client in order to have use of said services. If client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to Pro Hosting Internet Services Ltd and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when the client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. Overdue invoices will incur a 25% late fee.

Money back guarantee, Notice Period & Refund Policy

Each plan includes a full 14-day money back guarantee.

If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding domain name registration fees, overages and licence fees for 3rd party applications which may have been requested by you as an add on to the original plan ordered. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, licence fees for 3rd party applications, etc.

Accounts cancelled/terminated by Pro Hosting Internet Services Ltd for violating our ‘Terms of Service’ do not qualify for the 14-day money back guarantee. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact our account services team through your client area ticket portal.

Any account deactivated due to non-payment will require a reactivation fee of £20.00 prior to reactivation.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days’ notice for a cancellation.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

Pro Hosting Internet Services Ltd shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Pro Hosting Internet Services Ltd servers going off-line or being unavailable for any reason whatsoever. Furthermore, Pro Hosting Internet Services Ltd shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Pro Hosting Internet Services Ltd servers. All damages shall be limited to the immediate termination of service.

Force Majeure

Pro Hosting Internet Services Ltd or you the customer will be in breach of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing Law, Lawsuits

The Agreement is governed by the English law and each of us expressly and unconditionally submits to the exclusive jurisdiction of the courts of England and Wales except that Pro Hosting Internet Services may seek to enforce any judgment anywhere in the world where you may have assets. Each of us agrees that it will not bring a claim under the Agreement more than two (2) years after the event giving rise to the claim occurred.

Unenforceable Provisions

If any part of the Agreement is found unenforceable by a court, the rest of the Agreement will nonetheless continue in effect, and the unenforceable part shall be reformed to the extent possible to make it enforceable but still consistent with the business and financial objectives of the parties underlying the Agreement.

Change to the Agreement

If you have made any change to the Agreement that you did not bring to Pro Hosting Internet Services Ltd.’s attention in a way that is reasonably calculated to put Pro Hosting Internet Services Ltd on notice of the change, the change shall not form part of the Agreement.

Violations

Violations of these Acceptable Use Policies should be referred to support”@”prohost.co.za. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

Pro Hosting Internet Services Ltd cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Pro Hosting Internet Services Ltd are resold. Thus, certain equipment, routing, software and programming used by Pro Hosting Internet Services Ltd are not directly owned or written by Pro Hosting Internet Services Ltd. Moreover, Pro Hosting Internet Services Ltd holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Pro Hosting Internet Services Ltd sees fit.

Account Activation

By activating your account with Pro Hosting Internet Services Ltd, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

Pro Hosting Internet Services Ltd guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

Pro Hosting Internet Services Ltd reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Privacy

Revision date: 15 March 2017

Pro Hosting Internet Services Ltd has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128-bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user’s identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.

Contacting the Web Site

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Website, you can contact us using our contact form.

Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, Pro Hosting Internet Services Ltd offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Pro Hosting Internet Services Ltd respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Pro Hosting Internet Services Ltd reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Pro Hosting Internet Services Ltd has developed an Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using Pro Hosting Internet Services Ltd’ services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Pro Hosting Internet Services Ltd cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Pro Hosting Internet Services Ltd cannot monitor or censor the Internet, and will not attempt to do so, Pro Hosting Internet Services Ltd cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Pro Hosting Internet Services Ltd does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Pro Hosting Internet Services Ltd’ network and may reach a large number of people, including both subscribers and non-subscribers of Pro Hosting Internet Services Ltd, subscribers’ postings to the Internet may affect other subscribers and may affect Pro Hosting Internet Services Ltd’ goodwill, business, reputation or operations. For these reasons, subscribers violate Pro Hosting Internet Services Ltd policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Pro Hosting Internet Services Ltd, but also because it can overload Pro Hosting Internet Services Ltd’ network and disrupt service to Pro Hosting Internet Services Ltd’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Pro Hosting Internet Services Ltd will investigate and shutdown the account that is Spamming. A £250.00 GBP charge for violating this policy will be charged to the person initiating the SPAM. Furthermore, Pro Hosting Internet Services Ltd reserves the right to prosecute for this violation. A £1.00 GBP charge will be assessed PER EMAIL sent should Pro Hosting Internet Services Ltd choose to pursue and prosecute.

Audio/Video Streaming:

Audio/Video Streaming is not hosting friendly. As such, Pro Hosting Internet Services Ltd does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:

Pro Hosting Internet Services Ltd does not allow adult content and will suspend/terminate any offending account.

Large File Policy:

Pro Hosting Internet Services Ltd is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail support@prohost.co.za.

Obscene Speech or Materials:

Using Pro Hosting Internet Services Ltd’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Pro Hosting Internet Services Ltd is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:

Using Pro Hosting Internet Services Ltd’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorised Access to Other Computers or Networks:

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks and piracy of software.

Export Control Violations:

Exporting encryption software over the Internet or otherwise, to points outside the European Union, Great Britain and South Africa.

Usenet Groups:

Pro Hosting Internet Services Ltd reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:

Engaging in activities, whether lawful or unlawful, that Pro Hosting Internet Services Ltd determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Pro Hosting Internet Services Ltd will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Pro Hosting Internet Services Ltd’ policy or applicable law. However, when Pro Hosting Internet Services Ltd becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Pro Hosting Internet Services Ltd.

Pro Hosting Internet Services Ltd is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Pro Hosting Internet Services Ltd’ facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Pro Hosting Internet Services Ltd does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Pro Hosting Internet Services Ltd reserves the right to directly take action against a customer of its subscribers. Also, Pro Hosting Internet Services Ltd may take action against the Pro Hosting Internet Services Ltd’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Pro Hosting Internet Services Ltd anticipates that subscribers who offer Internet services will cooperate with Pro Hosting Internet Services Ltd in any corrective or preventive action that Pro Hosting Internet Services Ltd deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Pro Hosting Internet Services Ltd policy.

Pro Hosting Internet Services Ltd will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Pro Hosting Internet Services Ltd may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Pro Hosting Internet Services Ltd may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Pro Hosting Internet Services Ltd assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Pro Hosting Internet Services Ltd may disclose subscriber information or information transmitted over its network where necessary to protect Pro Hosting Internet Services Ltd and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Pro Hosting Internet Services Ltd will never sell information to other services or outside companies.

Pro Hosting Internet Services Ltd expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Pro Hosting Internet Services Ltd policy. Finally, Pro Hosting Internet Services Ltd wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Pro Hosting Internet Services Ltd for any violation of the Service Agreement, law or Pro Hosting Internet Services Ltd policy resulting in loss to Pro Hosting Internet Services Ltd or the bringing of any claim against Pro Hosting Internet Services Ltd by any third party. This means that, if Pro Hosting Internet Services Ltd is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Pro Hosting Internet Services Ltd, plus costs and reasonable attorney’s fees.

DMCA & Copyright Infringement

If you are a copyright owner (or an agent of a copyright owner) and believe any user material posted on our sites infringes upon your copyrights, you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act (“DMCA”) by sending an e-mail to our Designated Copyright Agent containing the following information:

A clear identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are posted on a single webpage and you notify us about all of them in a single notice, you may provide a representative list of such works found at the site.

A clear identification of the content you claim is infringing on the copyrighted work, and information sufficient to locate that content on our website.

A statement that you have an “absolute belief that the content that is claimed as copyright infringement is not authorised by the copyright owner, its agent, or the law.”

A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Your contact information so that we can reply to your notice, preferably including an e-mail address and telephone number.
The notice must be physically or electronically signed by the copyright owner or a person authorised to act on behalf of the owner.
Your written Notification of Claimed Infringement must be sent to our e-mail address abuse”@”prohost.co.za (Remove Quotes). We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able respond to your notice.

We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. The Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability. Please also be advised that, in appropriate circumstances, we will terminate the accounts of users/subscribers who repeatedly misidentify copyrighted material.

Counter Notification of Copyright Infringement:

If you believe content was removed in error, you may send a Counter Notification to our e-mail address provided below.
To file a Counter Notification with us, you must send us an e-mail to abuse”@”prohost.co.za (Remove Quotes) that sets clearly explains the items specified below:

Identify the specific content that we have removed or to which we have disabled access. Provide your full name, address, telephone number, and e-mail address. Provide a statement that you consent that you will accept service of process from the person who the provided notification of claimed infringement to which your notice relates or an agent of such person.

Include the following statement: “I swear, under penalty of perjury, that I have an absolute belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” Sign the notice. If you are providing notice by e-mail, an electronic signature (i.e. your typed name) or scanned physical signature will be accepted.

If we receive a Counter Notification from you, we may forward it to the party who submitted the original Notification of Claimed Infringement. The Counter Notification we forward may include some of your personal information, such as your name and contact information. By submitting a Counter Notification, you consent to having your information revealed in this way. We will not forward the Counter Notification to any party other than the original claimant unless required or expressly permitted to do so by law.

After we send out the Counter Notification, the original claimant must respond to us within 10 business days stating he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our website.

We suggest that you consult your legal advisor before filing a Counter Notification of Copyright Infringement. Please note that you may be liable for damages if you make a false claim. Under the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Please note that we may not be able to contact you if we receive a Notification of Copyright Infringement about content you posted online. In accordance with our Terms of Service, we reserve the right to permanently remove any content sole discretion