Introduction - ProstoServer Terms of Services
These terms and conditions apply to all services provided by www.prostoserver.com and its affiliated companies. ProstoServer, also referred to as the "Company," is a legally registered private corporation recognized by the California Secretary of State. These terms govern all clients (referred to as "Subscribers") associated with the Company, regardless of whether they are paid subscribers or recipients of services from ProstoServer or its affiliated entities. By using our services, you agree to the following terms:
Dedicated Server Hardware SLA
Age Requirement:
Any client placing orders through the online system at ProstoServer must confirm and guarantee that they are at least 13 years old and possess the legal capacity to enter into this agreement.
Age Restrictions:
Clients below the age of 13 must promptly notify us, terminate their services, and refrain from using any other services provided by the Company.
Clients Under 18:
Clients under the age of 18 must obtain consent from their parents or legal guardians to access this site and engage in any of our services. Furthermore, clients in this age group must agree not to bypass any security or access features implemented on our order form. The Company disclaims all responsibilities regarding any issues arising from a client's age.
Access, Limitations, and Restrictions
Access Requirements:
Before gaining access to ProstoServer's control panels, you will be required to provide additional personal information, which we safeguard and keep confidential in our records. Customers must ensure that the information provided is complete, accurate, and truthful. ProstoServer reserves the right to deny access to its services if any errors or omissions are detected in the data provided. Furthermore, ProstoServer retains the authority to terminate or suspend access at any time without issuing a refund.
Limited Usage License:
In consideration of your use of our services and subject to these Terms and Conditions, ProstoServer grants you a limited, non-exclusive, non-transferable personal license to access and use its services. These services may only be used for personal, non-commercial purposes by viewers, fans, visitors, subscribers, and potential subscribers. Each user is granted a single-copy license to utilize our services and any accompanying software on a single computer only. ProstoServer's services are strictly for private, non-commercial use; all other uses are prohibited. Bandwidth limitations may be imposed at ProstoServer's discretion. Users are responsible for preventing unauthorized access or misuse of the services. Unauthorized use of the services or any materials contained therein will result in the immediate termination of this limited license.
By using our services, you affirm and guarantee that individuals under the age of 13 will not access them without the consent of a parent or legal guardian. ProstoServer retains the right to revoke this license at any time if you breach any provision of this agreement. Upon termination, you must promptly delete any information or materials downloaded, printed, or copied from our servers. Violations of this limited license may result in legal action, pursued to the fullest extent permitted by applicable law.
Billing, Payments, Refunds, Fees, and Subscriptions
Billing Process:
ProstoServer will initiate the setup of your selected services only after receiving full payment through our secure online ordering system. Invoices are generated at least 20 days prior to the due date, and it is your responsibility to ensure timely payments and manage any associated fees during your subscription period. Our secure order forms guarantee the safety of your payment transactions.
Payment Options:
If your account remains unpaid for over five days, ProstoServer reserves the right to suspend or terminate your services until the outstanding balance is settled. Notifications will be sent to inform you of the suspension. To provide flexible payment options, ProstoServer accepts Credit Cards, Bitcoin, Wire Transfers, and Cash/Money Orders.
Refund Policy:
ProstoServer does NOT issue refunds to clients, except in cases covered under our money-back guarantee detailed in Section 11 or due to billing discrepancies.
Automated Subscriptions:
When selecting the "CREDIT CARD" payment option, you agree to the activation of an automated subscription upon purchasing services. This subscription automatically deducts payments from your chosen funding source on each due date. Refunds for automated subscriptions are NOT provided unless covered under Section 11 of our terms of service. To cancel an automated subscription, you may either contact our support team through ProstoServer’s Billing Portal or manage the cancellation yourself. Once a subscription payment is processed, no refunds will be issued unless Section 11 applies. For service-related issues, you may request cancellation without needing to provide a detailed explanation. Refer to Section 11 for additional details.
Fees:
ProstoServer may charge fees to your account in the event of service-related issues. However, if the issue results from ProstoServer’s fault, no charges will be applied to your account.
Setup Fees:
For dedicated server rentals, ProstoServer waives all setup fees. Setup fees will only be applied when required by a third-party provider or under special circumstances.
Services Offered
Dedicated Servers:
ProstoServer offers dedicated server solutions tailored to meet a wide range of needs. Clients can choose from various configurations, including options for processing power, RAM, and storage capacity to suit both basic and advanced requirements.
Colocation Services:
ProstoServer provides comprehensive colocation services, including reliable power supply, secure cabinet space, uplink connections, IP allocations, and bandwidth. Additionally, we offer IP Transit Services to meet specific network requirements.
DDoS Mitigation Services:
ProstoServer delivers robust DDoS Mitigation Services, referred to as "Ultimate DDoS Mitigation," which effectively targets Level 3 ingress traffic. This service is designed to protect against Layer 1 through Layer 6 DDoS attacks directed at client server hosts. All mitigation strategies are implemented upstream from our Level 3 circuits, ensuring proactive and reliable protection.
IP Transit Services:
ProstoServer offers flexible IP transit connectivity options through major providers such as Level 3, Cogent, PCCW, NTT, China Telecom, and China Unicom. The availability of these carriers may vary. These services are available to clients using our colocation services or third-party colocation providers. Please note that subscribers are responsible for all cross-connect fees associated with ProstoServer's IP Transit services.
Web Hosting:
ProstoServer offers reliable web hosting services, utilizing our robust server infrastructure. These services are efficiently managed through WHM and cPanel to ensure seamless management and performance.
Copyright Information and Intellectual Property Rights
Copyright and Intellectual Property:
All materials available through our servers or any website owned, operated, licensed, or controlled by ProstoServer are proprietary and constitute valuable intellectual property. We have zero tolerance for copyright infringement. Our content and software are registered with the U.S. Copyright Office and are fully protected under United States and international copyright laws. The materials provided by ProstoServer, including text, graphics, photographs, videos, audio clips, music, soundtracks, button icons, animations, downloadable content, data compilations, and software, are exclusively owned by ProstoServer or its content suppliers. The compilation and organization of these materials are the exclusive property of ProstoServer and are protected by applicable copyright and intellectual property laws.
Users are prohibited from copying, distributing, republishing, modifying, uploading, posting, or transmitting any materials without prior written consent from ProstoServer. Permission is granted only to print one copy of the materials for personal, non-commercial use. However, the removal, alteration, or tampering with any copyright, trademark, service mark, or other proprietary notices is strictly forbidden. Any unauthorized modification or use of these materials, except as explicitly permitted in these Terms and Conditions, constitutes a violation of our intellectual property rights. Using ProstoServer services does not grant users ownership or intellectual property rights to any materials. Violators will be subject to legal action under applicable laws and regulations.
Unacceptable Content or Links
Examples of content or links deemed unacceptable include but are not limited to:
Notice:
If your account contains any illegal materials, such as pirated software, illegal MP3 files, hacker programs, warez programs, or other unlawful files, ProstoServer will terminate your account immediately without prior notice. Additionally, we will report your actions to the appropriate authorities.
Unpaid Invoices
Customer Hardware Collateral:
ProstoServer reserves the right to assume ownership of colocated equipment if your account remains overdue for more than 30 days.
Service Suspension:
If any payment is not received by its due date, ProstoServer retains the right to suspend your services immediately. This is in addition to any other rights or remedies outlined in this agreement.
Service Indemnification:
You agree to indemnify and defend ProstoServer against any claims made by third parties arising from your use of our services or any breach of these terms.
Termination Due to Breach:
Failure to make timely payments may result in the suspension of services and/or the termination of this agreement without prior notice. If you violate any of these terms and conditions, ProstoServer reserves the right to terminate the agreement immediately if the breach is not corrected within seven (7) days of written notice.
Liquidation:
If your company becomes insolvent, enters liquidation, appoints an administrator or receiver, or agrees to a voluntary arrangement with creditors, ProstoServer reserves the right to terminate this agreement immediately. Upon termination or suspension:
- Your website will be blocked, and all data stored on our servers may be removed.
- At ProstoServer's discretion, data may be retained temporarily to allow retrieval, provided all outstanding balances are settled.
- ProstoServer may delete your data permanently without further notice.
Service Upgrades
Upgrades:
Upgrades requested will not take effect during the ongoing billing cycle. Instead, they will be activated at the start of the next billing cycle. For immediate upgrades, the full upgrade cost must be paid upfront. However, this payment will not extend your current billing cycle duration.
Setup Procedures
Setup Time:
Most setups will be completed within 24 hours of purchase. Specific services, such as dedicated servers, may require additional time. The expected setup duration will be outlined in the description provided during the order process.
Cancellations and Terminations
Cancellation Procedure:
To cancel a service, you must submit a cancellation support ticket via https://www.prostoserver.com/billing/clientarea.php at least 24 hours before the next due date. Please note:
- Cancellations requested through mIRC are not valid and will not be processed.
- Upon submitting a cancellation request, ProstoServer will terminate your automated subscription from our end.
By initiating cancellation, you accept full responsibility for any charges incurred until the service or membership is terminated. No refunds, including membership fees, will be issued. Additionally:
- Online time or credits are not transferable into cash or other forms of reimbursement.
- Unless explicitly stated, the terms of this Agreement remain in effect until termination.
Upon completion of the cancellation request, you will lose access to the non-public areas of ProstoServer's services.
Satisfaction Guarantee
Money-Back Guarantee:
ProstoServer is committed to ensuring your satisfaction with our services and offers a 100% uptime guarantee. However, please note that setup fees and any other associated fees are non-refundable under any circumstances. Our services, including Bare Metal Servers, VPS Servers, Colocation, IP Transit, and DDoS Mitigation Services, come with this satisfaction guarantee. If you experience any issues, such as delays in setup or connectivity problems, please reach out to our technicians for assistance.
Supplement to Money-Back Guarantee:
ProstoServer reserves the right to modify policies at any time. It is the client's responsibility to regularly review this page for any updates to our Terms of Service (TOS). Failure to comply with the TOS could result in termination of the agreement. No other contracts or agreements will override these TOS. By agreeing to this TOS, you accept any changes, even without prior notice.
Amendments
Amendments:
ProstoServer may amend these Terms and Policies at any time. Any changes will be posted in the "Terms of Use" section of our services. Your continued use of the service will signify your acceptance of these modified Terms and Policies. Should you choose not to accept the changes, you may notify ProstoServer of your intent to terminate the service.