Terms of Service(TOS) and Acceptable Use Policy(AUP)
ProSpeeds Communications provides internet presence services to its clients ("Client"). In order to provide safe and secure services to each and every Client, ProSpeeds Communications must state certain policies which denote acceptable and unacceptable use by Client. These policies also include legal information regarding billing and payment. These policies will be periodically updated, without prior notice. It is the responsibility of Client to be informed of the current terms of service. Client, by acceptance of ProSpeeds Communications, is legally bound to the terms set within this document.
DISCLAIMER
ProSpeeds Communications will not be responsible for any damages Client may suffer. ProSpeeds Communications wishes to offer excellent service to each and every Client, but makes no warranties of any kind, expressed or implied, for services provided. As these are outside of ProSpeeds Communications control, ProSpeeds Communications specifically makes no claims to access of any network, computer direct or intermediate, such as IRC or WWW. ProSpeeds Communications disclaims any responsibility to loss of data resulting from failed hardware, human error, or service interruptions caused by ProSpeeds Communications or its service providers.
INDEMNIFICATION
Client will hold harmless, defend, and indemnify ProSpeeds Communications from any and all demands, liabilities, losses, costs and claims that may arise or result from any service provided or performed or agreed to be performed by ProSpeeds Communications.
CANCELLATION/TERMINATION
ProSpeeds Communications may terminate Client service due to breach of contract (violation of items set forth in this document), and no refund will be provided. If you wish to cancel your service, you must do so within 24 hours of ordering to receive a refund. After the 24 hours have passed you must notify us by emailing or opening a ticket to billing@prospeeds.net 7 days before your next due date in order to not have to pay for another months service. No refunds will be given for managed services. If you requested for ProSpeeds to setup the package or service you plan to use your account for (IRCd/Services, eggdrop, etc.) and you decide to cancel within 24 hours of your order, no refund will be given for the already performed tasks/setup. If you cancel your service and have not yet paid for the managed setup you requested, the money paid for the account/service will go towards paying for the setup of the software you requested and if there is any money left over, you will be refunded the left over amount. If the amount you paid for the service does not cover the requested managed setup already performed, you will be billed and responsible for the remaining balance.
GENERAL ACCOUNT USAGE OF SERVICE BY CLIENT
Client may not: Run greater than allotted processes. Have more than 3 (three) IRC connections per process. Bind to IP address(es) that are not public, without expressed permission. Invoke crontab less than every 10 minutes. Promote, Entice, or participate in -- or attempt to participate in -- denial of service attacks; if Client is found to be receiving denial of service attacks frequently, account may be suspended or terminated, without refund, by ProSpeeds Communications. Run webcams, shoutcast servers, any type of game server or any other process that utilizes an unreasonable amount of bandwidth or system resources, without expressed permission. Violation of the afore-mentioned constitutes breach of contract and will result in immediate account suspension and/or termination, without refund. All files, e-mail, domains, or other account items will become property of ProSpeeds Communications.
BILLING AND PAYMENT POLICIES
ProSpeeds Communications will only accept payment in US dollars (USD). All accounts are established on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. It is the responsibility of Client to periodically check prices, as they may be periodically adjusted by ProSpeeds Communications. All payments are due each anniversary period following the date account was established. For example, if activation was August 2nd and monthly billing was selected, next payment would be due September 2nd. If activation was August 2nd and quarterly billing was selected, next payment would be due November 2nd. ProSpeeds Communications will send Client a billing reminder via e-mail, 1 week (7 days) before his due date. This is only informational, and if this reminder is not received by Client, Client is still responsible for monies due. If no payment has been received following three business days of Client due date, account will be terminated, and all files, e-mail, or other account items will become property of ProSpeeds Communications, and subject to being destroyed. The only exception to this will be if ProSpeeds Communications temporarily extends Client due date, based on extraordinary circumstances. Client is responsible for all money owed on account from the time it was established to the time ProSpeeds Communications is notified of termination request. With this stated, ProSpeeds Communications will not accept a new order from a previous client that had an account terminated due to non-payment. ProSpeeds Communications will accept a personal check, company check, cashier's check, or money order. As an added convenience, you may use a major credit card (MC/VISA) to purchase from PayPal.com. ProSpeeds Communications does not store billing, payment, or credit card information on publicly-accessible servers. In the event of a returned check or credit card chargeback, ProSpeeds Communications will demand immediate payment of the check amount plus a returned check/chargeback fee, within 24 hours by money order or cashier's check. The current returned check/chargeback fee is $40US. Refusal of this will result in immediate account termination, without refund. All files, e-mail, domains, or other account items will become property of ProSpeeds Communications.
GENERAL ACCOUNT RESPONSIBILITY OF CLIENT
Account is to be used by Client only. Client is defined as the person listed on the ProSpeeds Communications service order. Client is responsible for activity in Client account. Client may not resell, trade, or give away access to account, without expressed permission from ProSpeeds Communications. This includes sharing of accounts or processes, such as bouncer programs. Violation of these afore-mentioned constitutes breach of contract and will result in immediate account suspension and/or termination, without refund. All files, e-mail, domains, or other account items will become property of ProSpeeds Communications.
GENERAL UNAUTHORIZED ACCOUNT USAGE BY CLIENT
Client agrees to use account only for lawful purposes. Any use, or attempted use, that violates any local, state, federal, or international law constitutes unauthorized. (IE: hacking; password cracking; port scanning; storage or distribution of copyrighted, pirated, or adult material; sending unsolicited commercial advertisements). Violation of the afore-mentioned constitutes breach of contract and will result in immediate account suspension and/or termination, without refund. All files, e-mail, domains, or other account items will become property of ProSpeeds Communications. In addition, these violations are systematically reported to appropriate authorities
Privacy Policy
ProSpeeds Communications is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. ProSpeeds Communications collects information from our users at several different points on our website.
Links
This web site contains links to other sites. Please be aware that we, ProSpeeds Communications are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
Special Offers
We send all new members a welcoming email to verify password and username. Established members will occasionally receive information on products, services, special deals, and possibly a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our choice and opt-out below.
Site and Service Updates
We also send the user site and service announcement updates. Members are not able to unsubscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
Correction/Updating Personal Information
If a users personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that users personal data provided to us. This can be done by emailing our Customer Support Department at support@prospeeds.net.
Notification of Changes
If we decide to change our privacy policy, we will post those changes on this site so our users are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected. E-mail: support@prospeeds.net