Terms Of Service
By ordering hosting services from Protollix, you agree to the following terms and conditions. If you do not agree with any part of these terms then do not order services from Protollix.
Content
You may not host content that deals in warez or any other illegal
material. You may not upload files for which you do not own the
copyright, or are granted distribution rights by the copyright holder.
No pornography of any kind will be allowed on Protollix servers. If any
content which is not allowed under these terms and conditions is found,
the account in violation will be warned one time and the files will be
removed by Protollix staff. If the same account is found to be in
violation again the account will be terminated immediately and no money
will be refunded.
If you have files that are questionable or are not sure, please contact us (via the help desk) and we can help you determine if the content is suitable for hosting.
Resources
Clients are not allowed to run scripts or other programs that place
undue stress on memory or the cpu. These include but are not limited to:
* IRC bots, clients or servers
* UBB (Ultimate Bulletin Board)
* YABB (Yet Another Bulletin Board)
* Proxy Servers
If you are found to be using an unusual amount of system resources, Protollix will issue a warning and attempt to work with you in resolving the issue which may include customizing and optimizing code or moving you to a new server. In the event that you ignore said warning, Protollix reserves the right to cancel the service and optionally refund to you the worth of your unused service, at Protollix's sole discretion.
Bandwidth
Each account is allotted a set amount of bandwidth each month. If an
account is found to exceed the monthly allotted bandwidth, the account
will be billed at the current overage rate stated
here
Spam
Spam and Unsolicited Commercial Email (UCE) will not be tolerated. If
you are found to be using our servers to send unsolicted advertisements
of any kind, or to aid spammers in any way(ie: resource sites for
spammers), your account will be terminated with no questions asked and a
refund will not be granted. As well, we reserve the right to prosecute
and seek recompense in the amount of $20 per email sent. Emails are
counted based on the To, CC and BCC recipients (ie: one spam email sent
to 20 people is considered 20 emails). There is no second chance for
spammers.
Money Back Guarantee
Protollix offers a full 30 day money back guarantee on hosting services.
If you are not satisfied with the hosting services provided to you by
Protollix, you may, in the first thirty days inform us you wish to
cancel your service and would like a refund. Protollix will refund all
monies paid for the service, minus any applicable setup fees. If
Protollix registered a domain for the user, or transferred a domain to
Protollix's registrar account any fee's paid by Protollix to cover this
service will be deducted from the refund amount.
Uptime Guarantee
Protollix offers a 99.9% uptime guarantee. The 0.1% represents 43
minutes of downtime allowable. In the event our service is unavailable
for more than 43 minutes in any month, we will refund 5% of your current
month's fee for every 60 minutes the service is unavailable (past the
allowable 43 for the month). The amount refunded may not exceed the
price of the current month's charges. The customer (you) must request
this refund for it to be issued. Refunds are normally applied as account
credits, and will be applied as such unless special circumstances or
agreements are arranged between Protollix and you. Scheduled downtime
and datacenter network downtime is not covered by this guarantee. This
guarantee only covers downtime resulting from failures of hardware
and/or software directly under the control of Protollix, LLC. The
percent of downtime in any given month is determined by a third-party
monitoring service. Monthly uptime reports will be posted in the support
forums once per month.
Liability
Protollix is not responsible for any damages you, your business or your
data may suffer. Protollix does not make implied or written warranties
for any of our services. Protollix denies any warranty or
merchantability for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by Protollix.
You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you acknowledge that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Indemnification
Protollix wishes to emphasize that in agreeing to the Protollix Terms of
Service (ToS), you indemnify Protollix for any violation of the Terms of
Service (ToS) that results in loss to Protollix or the bringing of any
claim against Protollix by any third-party. This means that if Protollix
is sued because of a customer's or a customer of a customer's activity,
the customer will pay any damages awarded against Protollix, plus all
costs and attorney's fees.
Cooperation with Law Enforcement
In the event Protollix is questioned by law enforcement officials
concerning our clients and their possible illegal activities which
pertain to the client's use of Protollix hosting services, Protollix
will fully cooperate and surrender any information requested by the
officials.
