We are a community; our services are here to benefit you and your
businesses, organizations, and families. As such, we operate as a
community. We attempt to make certain (as a law enforcement officer
would) that you are not affecting other users adversely, and that other
users are not affecting you adversely.
This document provides information about our services: what is
permitted, and what is not. It is not all-inclusive, but it lays down
the guidelines by which we operate.
This is a list of terms we use in this document, with some having moderately verbose definitions.
Low traffic site
This is the “average” site on the Internet. This type of web site
has little activity, in the range of 50 to 100 hits per day, and is
updated infrequently. Typically, this type of web site takes on up to 1
gigabyte of traffic in a month, depending on its content.
Moderate traffic site
This type of site is what most of our current customers are —
web sites which average in the range of 100 to 5,000 hits per day, and
are updated on a semi-regular basis. These include many business and
shopping cart sites, and average between 1 gigabyte to 10 gigabytes of
traffic per month, depending on its content.
High traffic site
While we have some of these sites, they do not outnumber the low traffic sites and moderate traffic sites.
These sites receive on average 5,000 to 100,000 hits per day, and are
best fit for an independent server. Bandwidth is typically from 10
gigabytes to 50 gigabytes per month, depending on its content. A
properly managed high-traffic site can live peacefully with shared
hosting customers, but very few of these sites are properly managed if
they are still residing with shared hosting customers after any
prolonged period of time.
A site which violates our User Agreement, in the sense that its
resource usage causes problems for other customers on our servers,
and/or by doing one of the following:
- Excessive and prolonged processor or disk usage
- Providing large-scale downloads for large parties
- Utilizing CGI scripts which are poorly written, that consume resources and create zombie processes, or improper access to system resources of any kind
- Utilizing our servers and services to send large amounts of e-mail, especially to those who did not ask for them (i.e. spam, opt-out mailing lists)
- Recompiling applications on our servers excessively (to the point it affects other users)
- Stealing or attempting to steal content from other customers
- Many more actions covered in more detail later in this document
Unsolicited e-mail which may be bulk (thousands of e-mails sent),
and/or commercial (advertisements for products and/or services).
Generally, the rule of thumb is: if they did not ask for it and you
have had no business with them that they would remember enough to not
complain, it is spam.
Opt-Out Mailing Lists
An “opt-out” mailing list is defined by us as a mailing list which
goes to those who never requested it, and the user must take the step
of informing the owner of the list that he or she does not wish to
receive the mailings. One specific exclusion is where the user is your
company's customer. Everything else in this regard is considered spam
by default, but we evaluate this on a case-by-case basis.
A “dead” process (program running on the system) which has
terminated, but is still lingering due to problematic error handling. A
zombie exists after a process is terminated, but its parent process is
The following actions are defined by us as “inappropriate”, as they
adversely affect other users on the server on which you reside:
Posting music or movie archives for download or storage
Using our service to distribute music/audio or movie archives tends
to lead to abuse, and can turn your low-to-moderate traffic site into
an abusive site overnight. While we
don't really care if you have a few of your own band's music or your
own recorded seminars on our servers, if you are utilizing disk space
recklessly for the purpose of distributing or archiving movies or
music, we cannot allow this to continue.
Posting materials copyrighted by others illegally on our servers is strictly prohibited.
Distributing such software damages our and our customers'
reputations on the Internet, and can lead to our network being
blacklisted from being able to mail out. Therefore, we cannot allow
this on our servers.
Sending unsolicited e-mails
Utilizing our services to send unsolicited e-mails to others, or
advertising your site(s) hosted on our servers (or our site(s)) via
unsolicited e-mails, is strictly forbidden. Not only will your funds not
be refunded, but we may drive to your house and beat you soundly.
Posting unsolicited commercial messages to USENET
Posting advertisements to your site(s) or our site(s) on USENET is strictly prohibited.
There are many levels to this section, to differentiate between the
different types of acceptable and unacceptable activities in this arena.
Attempting to violate or violating local security measures
You may not attempt to compromise local security on our system,
attempt to gain shell access, or execute programs outside the scope of
your account. Such activities are strictly prohibited except under the
- in situations where we grant you, in writing, such authority
- in situations where you wish to inform us that our servers may be vulnerable to an exploit, under the conditions below:
- The exploitation MUST NOT affect other users, as exploiting a race condition does (by increasing the server load to astronomical levels), and
- you will do no harm to the system, nor modify system files in any way.
Attempting to compromise other systems through our servers
Attacking other systems through our servers is grounds for immediate
termination of your account, and your information turned over to the
appropriate law enforcement relative to your country. See also DoS below.
Utilizing our services for DoS attacks against other systems, or inviting DoS
attacks against our servers is strictly prohibited. Doing so will
result in non-refundable termination of your account, and your
information turned over to the applicable law enforcement of your area.
You are not permitted to run any of your own publicly-listening
web services on our servers without appropriate permission. This
includes, but is not limited to:
- IRC and chat daemons (there is a chat daemon provided with cPanel that you may use)
- RPC or SOAP services not running through your own web account over HTTP
- Additional webservers
- IRC or chat robots (e.g. eggdrop, tinman, emech)
You may not attempt to gain shell access without permission. If you
do have such permission, you may only run programs which are
specifically necessary for your web site's operation, and the built-in
mail programs, such as:
- For web site operation:
awk, sed, troff, or other programs associated with text manipulation
vi, emacs, ed, pico,
and other text editors (you may use emacs for text editing — using the
extended features (other than mailreading) are a violation of this
agreement, except perhaps M-x doctor)
- Built-in mail programs:
pine, mutt, elm, Berkeley mail, and others
Examples of what you may NOT run:
- IRC clients, such as BitchX, ircii, or scrollz
- Newsreaders, such as tin, or rn
- Compilers, such as gcc, without explicit permission
You must be 18 years of age to utilize our services.
We recognize your rights to free speech, and will not remove your
sites based on our opinions. However, we will remove sites that are in
violation of the law in our area. Such sites include but are not
- Fetish sites:
- Scat/watersports fetish sites (if you don't know, don't ask)
- Child pornography sites (we reserve the right to kill anyone who places one of these sites on our servers)
- Bestiality sites (people having sexual relations with animals)
- Fraud sites:
- MLM or “get rich quick” schemes designed to defraud
- “Spoof” sites which imitate other sites in an attempt to gather credit card or other information deceptively
- Slander/Hate sites:
- Sites whose purpose includes slander and/or libel of other parties that are not public individuals
- Sites that advocate genocide or racial hatred
- Sites requesting the injury or death of others
Rights We Reserve
We reserve the right to refuse service to anyone, at any time,
for any reason. This reason does not have to be known to the refusee.
We reserve the right to be the sole arbiter in cases of dispute, and
the right to contact you at any time regarding your account and/or
web sites. We reserve the right to suspend and/or terminate any account
at any time, as is necessary to maintain the integrity of the server.
Resellers are responsible for introducing these policies to their customers, and enforcing their compliance to this agreement.
We maintain ownership of all IP addresses on our servers. Should you have one for your web site, you may not take it with you.
30-day Satisfaction Guarantee
Should you become unsatisfied with our services within the first 30
days of your account activation, we will refund your hosting fee.
Resellers — In the event that you become unsatisfied with our
services within 30 days of your reseller account activation, only your
initial account fees will be refunded. Once you have added a resold
account to your Reseller Plan you will no longer qualify for the money
back guarantee/refund. WE CANNOT BE HELD LIABLE FOR ANY FEES THAT YOU
CHARGE YOUR CLIENTS.
We do not refund fees which you have paid for registering a domain.
There are no refunds on programming, SSL certificates, or prepaid support.
99.9% Uptime Guarantee
If your web server uptime is below 99.9% in one month your service fee for the
entire month is refunded. This is not some cheap prorated refund, ProHostONE will
refund the entire month. This is the best guarantee in the business!
Please allow 2 to 4 weeks for refund processing.
We will not be responsible for any claimed damages,
including incidental and consequential damages, which
may arise from our servers going off-line or being unavailable
for any reason whatsoever. Further, we will 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 our servers. All damages shall
be limited to the immediate termination of service.
You are solely responsible for backups of your personal web site and
data. There are functions inside cPanel which allow for backing up your
site — please do so on a regular basis.
We provide backups for the purpose of restoring the servers to
operation, however, we cannot guarantee the integrity nor timeliness of
these backups with regards to your web sites.