These Terms of Services are an agreement between Pro Site Help LLC (us, our) and you (User, you, your). This Agreement mentions the terms and conditions regarding the users’ use of Pro Site Help and Pro Site Help.com. Those who do not agree to fulfill the requirements of this Agreement are not authorized to access or use these Services. Users should know that class action and arbitration provisions can affect their rights.
Account Eligibility:
- The Services are meant only for users who are 18 or above.
- Suppose someone uses these Services on behalf of a legal entity or third party. In that case, that party must abide by this Agreement.
- The User should provide accurate and up-to-date information on the registration forms. The User should also provide an email address different from the domain he is signing up under. We are not liable for any lapse in our Services.
- Suppose any user wishes to make changes in their contact information. In that case, they can contact our sales team or update their contact information through our Billing and Support System.
- A user’s account may get terminated upon providing false contact information.
The users take complete responsibility for using the account and maintain its confidentiality and other security-related information.
Transfers:
Pro Site Help’s transfer team is available to help with the movement of the websites to its servers. As a courtesy service, we provide transfers up to 10 cPanel accounts. We have the right to modify or discontinue our transfer policy at any given time.
We do not guarantee the availability of completing the account transfer. If the User’s previous company used to save data in incompatible formats, then the data migration becomes very difficult. We also offer a complimentary transfer service for 30 days. Those transfers that exceed 30 days can incur a charge. Pro Site Help’s Transfer Department can provide the interested parties with a price quote. We will not be responsible for any loss of data, and the data backup is the User’s sole responsibility.
Content of Pro Site Help:
All the Services (except those defined in the section of User Content below), including
- Audio
- Designs
- Graphics
- Images
- Information
- Text
- Video
Are the proprietary property of Pro Site Help, including the selection and arrangement of these services. The modification, copying, distribution, framing, reproduction, republication, downloading, scraping, displaying, posting, transmission, selling, or exploitation of our content is strictly prohibited. Any use of Pro Site Help content (otherwise specifically mentioned) will result in account termination. Pro Site Help and Pro Site Help’s licensors have reserved the rights to use all Pro Site Help content not expressed in this Agreement.
User Content:
User content is any post posted by our users or the users of their websites. It is the sole responsibility of our users for all the User Content, transactions, or other activities performed on or through User Websites. Our users who post or distribute User Content on or through our Services, they represent that
- They have all the necessary rights for posting or distributing User Content.
- The posting or distribution of this User Content is not infringing or violating the rights of any third party.
Using a home or directory as a location for placing backups (e.g., cPanel/WHM/Third-party applications) is not allowed. However, those interested in conducting their own backups should buy Pro Site Help storage at $29.95/month for every 150 GB. We reserve the right to remove any files violating this policy. The accounts of such users will meet with immediate suspension or terminations.
By accepting this Agreement, Pro Site Help can also
- Use, reproduce, make public performances, displays, modifications, translations, excerptions, publications, and distributions of the User Content.
- Archive or backup the User Content copies and User Websites.
Since we do not monitor User Content, it is not our responsibility for the User Content to be passed through our computers, network hubs, and points of presence. In case of violation of this Agreement, Pro Site Help will suspend or terminate the Services without refund. We are also not responsible for taking any corrective actions.
Third-Party Products and Services:
Third-Party Providers:
We offer third-party products and services, which may be subjected to the terms and conditions of the providers of these services. Users are required to confirm the terms of any purchase, the use of goods and services with the third-party provider with whom they are dealing. Also, we are not liable for the quality, availability, or timeliness of third-party products and services. All of these transactions are made at the users’ discretion.
Our Role As Reseller or Licensor:
We may act as resellers or licensors of certain third-party services, hardware, software, and equipment (Non-Pro Site Help Products). We are not liable for any modifications in the Services that can make any Non-Pro Site Help Products obsolete or altered (or affect the performance of the Services). For every Non-Pro Site Help Product, the users shall not:
- Alterations
- Copying
- Exportation
- Re-exportation
- Reselling
- Reverse engineering
- Tampering, and
- Transferring
Third-Party Websites:
The third-party service may contain links to other websites. However, we are not the owners (or are in control of) those
- Articles
- Designs
- Graphics
- Information
- Pictures
- Sound
- Text
- Video
- Websites
We do not investigate, monitor, or check these third-party resources’ accuracy, appropriateness, or completeness. Users should access these third-party websites at their own risk.
Prohibited Persons, Countries, Entities, and Individuals:
As per the conditions of OFAC (Office of Foreign Assets Control) of the U.S. Department of the Treasury, U.S. companies cannot engage in all or some activities inside certain sanctioned counties, individuals, organizations, and entities. Also included in this list are SDNs (Specially Designated Individuals. Any SDN user or located under the sanctioned country is prohibited from registering, signup, subscribing, or using these Services.
Pro Site Help Systems & Account Security:
As per their responsibility, users should ensure that the installed programs/scripts in their account are correctly set, irrespective of the installation method. It is recommended to set permissions on most directories at 755 or be as restrictive as possible. Users are liable for any compromised credentials (e.g., username and password). If during an audit, a password is found to be weak, Pro Site Help will notify the account user so that they can change or update their password before account suspension.
Pro Site Help can monitor the users’ system for ensuring
- Their authorized use
- Facilitation of protection against unauthorized access, and
- Verification of security procedures, their survivability, and operational security.
By consenting to this Agreement, users agree that we may
- Examine the information
- Record it
- Copy it, and
- Use it for authorized purposes
Those accounts that connect to a third-party network without authorization from the third party will get suspended. We shall disable the accounts of the users not cleaning up once we notify them about an ongoing issue. However, we may provide you with charged clean-up services upon your request.
Due to technical reasons or to comply with applicable data policies, local law, we can migrate our users’ accounts from one data center to another without notice.
We are not HIPAA Compliant:
We do not control the data our users’ store or transmit via our Services. We disclaim any warranty of our Services’ compliance with the Federal Health Insurance Portability and Accountability Act (HIPAA). Customers willing to secure storage of “protected health information defined by HIPAA must refrain from using our Services for such purposes. Any of our users who store and permits access to “protected health information” will perform material violation of this Agreement, and his account shall be suspended.
Pro Site Help does not sign “Business Associate Agreements.” We are not a Business Associate, subcontractor, or agent of our users under HIPAA. You can contact our support at [email protected] if you have any questions about your data security.
Showing Compatibility with Services:
- Users should provide all the equipment necessary for the use of the Services. We are not liable for any delays if our users fail to perform their obligations in this regard.
- Users are also responsible for determining the provided hardware and software compatibility with Pro Site Help.
- Users are also responsible for backing-up up their User Content. We do not guarantee the backing up of any user content, and users will have to accept the risk of loss of any of their User Content.
Information Related to Billing and Payment:
Multiple Accounts:
It is not allowed for the users to jump multiple accounts for abusing “new customer” discounts. Those violating this policy shall have their accounts suspended unless they satisfy their outstanding invoices. Those abusing our discount system will be terminated without any refund.
Prepayment:
- Users should ensure that their payment information is up-to-date and they have paid their invoices timely.
- Users agree that they will pay for the Services in advance of the time period.
- By subjecting to the applicable laws and regulations, the payments received first shall be applied to the oldest outstanding invoice in the User’s billing account.
Auto-renewal:
Unless provided otherwise, users agree that until they notify Pro Site Help of their will for cancellation of their Services, they will be automatically billed regularly to avoid any disruption in the services.
Taxes:
The fees we have listed for the Services exclude any applicable sales, use, revenue, excise, or other imposed taxes. Any applicable taxes will be added to Pro Site Help’s invoice as a separate charge to be paid by the User. All fees are refundable after payment unless mentioned otherwise.
Late Payment:
Invoices are meant to be paid within seven days of the invoice’s due date. Any outstanding invoice can result in suspension or termination of Services. Unless the payment is received, we will not restore access to the account. Those who fail to pay the fees will have their account suspended or terminated. Afterward, we will pursue the collection of costs, including (without limitation) any arbitration and legal fees and reasonable attorney’ fees. We will not activate new orders or packages for customers with outstanding balances.
Domain Payments:
After purchasing a domain, users should notify our Billing Department by a support ticket or email. We provide domain renewal notices as a courtesy reminder. However, we are not responsible for the failure of
- Renewal of a new domain, or
- Notifying a customer about a domain renewal.
We bill and renew domain renewals within 30 days before the renewal date.
Fraud:
It will be considered a violation if a user misuses or fraudulently uses credit cards, electronic cards, funds transfer, charged cards, electronic checks, or any other payment methods. We may report any such misuse to governmental or law enforcement agencies, credit reporting services, financial institutions, or credit card companies.
Invoice Disputes:
Users can dispute any of our processed charges or payment within 90 days. Our billing department can assist in this regard,
Money-Back Guarantee:
Our 30-day money-back guarantee is meant only for hosting services. If, on account of dissatisfaction, the User decides to terminate the Services within 30 days after signing up, he will be provided with a refund of the amount paid for hosting (excluding any setup fees). The money-back-guarantee is only applicable to fees on hosting services and not on
- Administrative fees
- Installation fees
- Custom software
- Any other setup fees, or
- Any fees paid for additional services.
Refunds &Cancellation:
Payment Methods:
Following payment methods are not applicable for a refund:
- Bankwire transfers
- Checks
- Money orders
- Western Union payments.
Instead of a refund, any applicable credit will be posted in the users’ accounts using the aforementioned payment methods.
Money-Back Guarantee:
The Money-Back Guarantee Period:
It is the period of purchasing an account and then canceling the purchase within 30 days of the purchase.
Refund Request:
Users willing to cancel their purchase will have to provide a written request to the Pro Site Help Support Team within 30 days of purchase.
Money-Back Guarantee Refund
The period during which the User receives a full refund of all basic hosting fees for the initial term.
- Only written refund requests made to the Pro Site Help team are acceptable.
- Refunds will be made only for the basic hosting fees.
- It is mandatory to provide the applicable Refund Request within the Notice Period, or the request will not be entertained.
Eligibility for Refund:
Refund eligibility is restricted only to first-time accounts. The refund will not be eligible for
- A user has made an account with us before, canceled, and then signed up again, or
- A user has opened a second account with us.
Also, violators of this Agreement will have their rights of refund waived off.
Products and Services That Are Non-Refundable:
Domain refunds are only considered if the User has ordered the domain along with a hosting package. The refund will be issued only at the sole discretion of Pro Site Help. Refunds are not meant for
- Administrative fees
- Dedicated servers
- Domain names
- Installation fees for custom software, and
- License fees.
Please note that
- We will reduce the refunds for domain names by the market value of gTLD.
- All the ccTLD purchases are non-refundable.
Process of Cancellation:
Users can terminate or cancel the Services by providing written notice to Pro Site Help. During such event:
- The User will have to pay all the accumulated charges before that cancellation gets effective.
- In its sole discretion, Pro Site Help can refund all the basic and pre-paid fees for hosting services for entire months.
After receiving the cancellation form and confirming all the necessary information (via email), we will inform the User in writing (usually via email) about the cancellation of the account. This confirmation email contains a tracking number/ticket for verification. After sending e email request form for account cancellation, the User will immediately receive an automatic email saying, “Your request has been received.” We will shortly begin the cancellation procedure afterward.
Please contact us immediately if you do not receive an automatic email from us within a few minutes after submitting the cancellation form. All of our cancellations are made via online order so that we can
- Confirm the User’s identity
- Confirm in writing that the User is ready for the removal of all of his files, AND
- Document the requests.
Domains:
We bill and renew the domain renewals 30 days before the renewal date. The users’ responsibility is to notify our Billing Department by a support ticket or email for cancellation of domain registration within 30 days of the renewal date. Refunds will not be allocated after domain renewal.
Foreign Currencies:
We process all of our refunds in USD and reflect according to the exchange rate effective on the day of the refund. We are not responsible for any fluctuations in the exchange rates.
Termination:
We can terminate the User’s access to services in the following scenario
- Failure to pay the due fees
- Violation of the Agreement
- User’s conduct that may harm Pro Site Help, or
- As specified otherwise
In any such event, we will not refund any fees paid to us before any such termination. Also, we may charge the User for all the due Services fees for the remainder of the current term.
IF ALL THE SERVICES ARE TERMINATED FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth, & Disk Usage:
Permitted Disk and CPU Usage:
Shared hosting space is only limited to web files, active email, and content of User Websites. Shared Hosting space cannot be used for storage (including offsite storage for electronic files, FTP hosts, or emails). We reserve the right of reviewing every shared account to determine any excessive
- CPU usage
- Use of disk space, and
- Other resources
VPS Managed Services:
With us, users’ management will be nullified with the manual installation and bypassing of WHM /cPanel.
Bandwidth Usage:
There are no limitations for share servers concerning bandwidth usage.
Uptime Guarantee:
We may credit the accounts of those users whose physical server downtime falls short of 99.9% of the uptime guarantee. However, this guarantee does not apply to planned maintenance. For requesting a credit, please visit https://www.ProSiteHelp.com/clientarea.php to create a support ticket to our Billing department with justification. Uptime guarantees apply to shared and reseller solutions only.
Changes in Price:
We can change the prices at any time. However, we will notify our users of any price change by issuing a notice before 30 days.
Coupons:
We have reserved the discounts and coupon codes only for first-time accounts and customers. A user who has previously signed up using a particular domain cannot sign up for that domain again at another date by using another coupon. Our sales department will review the accounts violating this policy and add the charges to that account. Coupon abuse can result in suspension or termination of the account. Also, coupons and discounts are valid for the initial purchase.
Limitation of Liability:
THE DIRECTORS, EMPLOYEES, OR AGENTS OF Pro Site Help ARE NOT LIABLE TO THE USER OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT WHATSOEVER. IT ALSO INCLUDES ANY LOST PROFITS OR DATA LOSS FROM THE USE OF SERVICES, USER CONTENT, USER WEBSITES, OR OTHER DOWNLOADED OR ACCESSED MATERIALS THROUGH THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Pro Site Help’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Pro Site Help FOR THE SERVICES IN THE THREE (3) MONTHS BE THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Indemnification:
The users agree to indemnify and defend Pro Site Help, its affiliates, respective officers, directors, and employees from all the actions, assertions, claims, demands, damages, expenses, liabilities, losses, suits, and threats filed by a third party due to
- The User’s use of Services
- Any violation of this Agreement by the User
- Any acts or omissions by the users.
Arbitration:
The users agree to the AAA’s (American Arbitration Association) jurisdiction by complying with this Agreement. Pro Site Help will choose an arbitrator for this purpose. He will conduct the arbitration at the AAA location in Washington. We will select the location. Payment of filing, administration, and arbitrator fees will be made according to AAA’s rules. To prevent the arbitration from being cost-prohibitive, we will pay as much of users filing, administrative, and arbitrator fees in connection with the arbitration.
All the decisions made by the arbitrator will be complete and final. Claims cannot be consolidated unless all parties agree to present them in writing. Suppose any users agree to initiate litigation or any other proceedings against us. He will have to pay our reasonable costs and attorney’s fees in that case.
Independent Contractors:
Pro Site Help and its Users are independent contractors. Nothing in this Agreement relates to the User or us as principal and agent, joint venturers, or partners.
Jurisdiction & Governing Laws:
Under this Agreement, the users’ access to our Services shall be submitted to confidential arbitration in Kennewick, WA. Only one arbitrator shall conduct this arbitration, and his award shall be final. It may be entered as a judgment in any court. Both parties are responsible for their own costs. If the rules permit, both parties can make the appearances either telephonically or electronically.
The users agree that any claim or cause of action with the Services used in this Agreement must be filed within one year of arousal of any such claim. If the arbitration agreement cannot be enforced, the users agree that they will bring those actions only into the court f jurisdiction located in Kennewick, WA.
Opting Out:
If you decide to opt-out of this Agreement, you will have to notify us within 30 days of entering this Agreement or purchasing a subscription. For that, you will have to write us at Pro Site Help. 10307 W 16TH PL Kennewick, WA 99338 United States of America. The following should be added to the written request:
- Name
- Address
- Account information, and
- A clear statement says that the User is unwilling to solve the disputes via arbitration.
All the disputes where the User opts out of the arbitration agreement shall be heard in a court of competent jurisdiction inside Kennewick, WA.
Class Action:
You and Pro Site Help agree that the proceedings for resolving the dispute either through the court of law or arbitration shall only be conducted on an individual basis. Users also agree that they will not look forward to any dispute to be heard as a class action, collective action, private attorney general action, or representative action.
Disclaimer:
We are not liable if the users’ businesses incur any losses. We do not warrant merchantability or fitness for a specific purpose. This also includes data loss due to delays, delivery failures, wrong deliveries, and any service interruptions caused by our employees or us.
Data Loss and Backups:
Our backup services function once a night, and they overwrite any of the previous backups. This service is meant only for the shared and reseller accounts as a courtesy gesture. We can modify or terminate it at our sole discretion. Those accounts larger than 20 GB or 100,000 inodes won’t be part of our nightly backups.
Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Pro Site Help AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES
- THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE;
- (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR,
- (III) AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES.
WE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARE NOT LIABLE AND EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law Enforcement Agencies:
We may disclose all of the collected information to the law enforcement agencies for investigation without permission and notifying the User upon lawful request from these agencies.
Entire Agreement:
This Agreement is the sole and entire Agreement between the parties in conjunction with the matters covered.
Headings:
These headings are not part of the Agreement and are listed here only for convenience.
Modifications Made to Agreements or Services:
We may change, modify, or omit the portions of this Agreement at any given time. If any changes are made, we will post a notice on our website for at least 30 days after making the changes. We will also indicate the last revision date at the bottom of this Agreement. By continuing the use of Services, the users agree to the modifications made. We have the right to modify, change, or discontinue any aspect of the Services at any time.
Severability:
If a court of competent jurisdiction finds any provision or portion of this Agreement illegal, invalid, or unenforceable, the remaining portions will remain in full effect (unless specified otherwise).
Waiver:
Any right or remedy due that causes delay either by the User or by us shall not operate as a waiver. Also, any partial or single exercise of any right or remedy precludes the further exercise of any right or remedy.
Assignment:
If any of the User wants to assign or transfer this Agreement or his rights, he will have to obtain our prior written consent. Under this Agreement, we may engage agents or subcontractors in performing our duties and exercising our rights without taking permission from the User.
Force Majeure:
Neither Pro Site Help nor the User is responsible for the default in performing any obligations under this Agreement. Any direct or indirect delays by forces beyond the parties’ reasonable control, such as fire, flood, natural calamities, accidents, labor disputes, interruptions of transportation/communications, supply chain problems, or if the third party fails to perform any commitment related to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Users in California:
According to California Civil Code Section 1789.3, questions about complaints, inquiries, pricing about us can be sent to our agent for notice. Please contact us at [email protected] or Pro Site Help. 10307 W 16TH PL Kennewick, WA 99338 United States of America.
Californian Users can also consult the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Electronic Notices:
Any communication between Pro Site Help and the Users is done via electronic means. For contractual purposes, the Users consent to
- Receive communications from us in electronic form
- All the agreements, terms, conditions, notices, disclosures, and other communications we provide to you electronically fulfill the legal requirement that such communications would satisfy if they were to be in writing.
Third-Party Beneficiaries:
Provided expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the preceding, User acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions outlined in this Agreement as they relate specifically to its products or services and shall have the right to enforce the terms and conditions of this Agreement concerning its products or services against User directly as if it were a party to this Agreement.