Terms of Service
OnPro Media, Inc. provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of OnPro Media, Inc. are subject to the following terms of service:
Indemnification Policy
You agree to use all OnPro Media, Inc. services and facilities at your own risk. OnPro Media, Inc. specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall OnPro Media, Inc. be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold OnPro Media, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against OnPro Media, Inc., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OnPro Media, Inc. against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with OnPro Media, Inc.'s server.
OnPro Media, Inc. reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from OnPro Media, Inc.'s server. OnPro Media, Inc. shall be the sole judge of what violates this Policy.
Billing:
At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).
We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
Late Payments:
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
Acceptable Use Policy:
All services provided by OnPro Media, Inc. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless OnPro Media, Inc. and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all OnPro Media, Inc. servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Banned Scripts:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
LIMITATION OF LIABILITY:
OnPro Media, Inc. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from OnPro Media, Inc. servers going off-line or being unavailable for any reason whatsoever. Furthermore, OnPro Media, Inc. shall 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 OnPro Media, Inc. servers. All damages shall be limited to the immediate termination of service.
Back-ups and Data Loss:
Clients use our services at their own risk. Our server software does create daily backups for user sites that you may download on your own. We do not store this file and it is for your own use should you choose to use it. We perform daily backups on all of our servers to ensure critical files are never lost. We provide this costly service free with no warranty and only as a courtesy. Any site using more than 25GB space will be removed from the backup service. You may opt to purchase backup service for an additional fee. We will not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive or additional backup service. If we do have backups available for your files that you need restored, and if we have the ability and time to restore the file(s), there will be a $10 fee for restoring the files. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. Backup restoration is NOT a fast process.
DISCLAIMER:
OnPro Media, Inc. cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by OnPro Media, Inc. are resold. Thus, certain equipment, routing, software, and programming used by OnPro Media, Inc. are not directly owned or written by OnPro Media, Inc.. Moreover, OnPro Media, Inc. holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as OnPro Media, Inc. sees fit. FURTHERMORE, OnPro Media, Inc. retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
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