Terms Of Service
1. Terms By accessing this web site, you are agreeing to be bound by these web site Terms and
Conditions of Use, all applicable laws and regulations, and agree that you are responsible for
compliance with any applicable local laws. If you do not agree with any of these terms, you are
prohibited from using or accessing this site. The materials contained in this web site are protected by
applicable copyright and trade mark law.
Use of Service
All Services may only be used for lawful purposes. The laws of the United States of America apply to all Clients of PRIMEHOST
You agree to indemnify and hold harmless PRIMEHOST from any claims resulting from your use of PRIMEHOST Services. You represent and warrant to PRIMEHOST that you are eighteen (18) years of age or older. Any use of or access to the Services by anyone under eighteen (18) years of age is prohibited.
If you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
Use of the PRIMEHOST Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email insourcesoft99[AT]gmail.com with the information pertaining to your claim.
Using a shared account as a backup/storage device is not permitted, download your backup immediately and delete them. All of the files on our hosting accounts must pertain to your website(s). This space may only be used for web files, active emails, and content of Client Websites. PrimeHost hosting may not be used for massive file storage systems, or backup storage solutions (including media files, emails, or other data). You are not authorized to use PrimeHost for the hosting of download mirrors. If you storage big files we may delete your file without sending notice
Examples of unacceptable material on all Shared and Reseller servers include:
X IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
File Dump/Mirror Scripts (similar to Rapidshare)
Lottery/Gambling Sites
Adult/porn Site Hosting
Sites promoting illegal activities
Forums and/or websites that distribute or link to Warez/pirated/illegal content.
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
Zero-Tolerance SPAM Policy
PRIMEHOST has zero-tolerance for Clients sending unsolicited e-mail, unsolicited e-mailing, and SPAM. "Safe lists," purchased lists, and selling of lists will be treated as SPAM. Any Client who sends out SPAM will have their account terminated, and may be terminated without notice. Additionally, Clients who engage in unsolicited mailing will, at PRIMEHOST ’ own discretion, be charged a consulting fee of two hundred fifty dollars ($250) per hour for any remedial actions that PRIMEHOST elects to take in the event that, as a result of a Client's activities, PRIMEHOST servers or IP space are placed in any third-party mail filtering software or blackhole lists.
To protect the IP reputation of our network, and as a proactive measure to prevent our IP space from being used to distribute unsolicited e-mail, PRIMEHOST reserves the right to apply an SMTP filter as a precaution to accounts flagged by our Abuse Team. As long as this filter is in place, all active or newly-ordered services across the Client’s account will be placed under this filter.
To have this filter lifted, PRIMEHOST would require the Client to pay a deposit of up to two hundred fifty dollars ($250) per server in order to be allowed to send emails. Should any SPAM complaints be received after the filter had been lifted, it would immediately be re-applied to the client’s account. So long as no SPAM complaints have been received, the deposit will be refunded upon request at the time of cancellation.
Backups and Data Loss
Your use of PRIMEHOST Services is at your sole risk. PRIMEHOST servers are setup with RAID to constantly mirror all data to a second disk. PRIMEHOST is not responsible for files and/or data stored on PRIMEHOST servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on PRIMEHOST servers. PRIMEHOST does not take backups of any kind of customer data, customer's are responsible for managing and backing up their own data.
Use License Permission is granted to temporarily download one copy of the materials (information or software) on PrimeHost’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on PRIMEHOST's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by PRIMEHOST at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer The materials on PRIMEHOST’s web site are provided “as is”. PRIMEHOST makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PRIMEHOST does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations In no event shall PRIMEHOST or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on PRIMEHOST’s Internet site, even if PRIMEHOST or a PRIMEHOST authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata The materials appearing on PRIMEHOST’s web site could include technical, typographical, or photographic errors. PRIMEHOST does not warrant that any of the materials on its web site are accurate, complete, or current. PRIMEHOST may make changes to the materials contained on its web site at any time without notice. PRIMEHOST does not, however, make any commitment to update the materials.
Links PRIMEHOST has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PRIMEHOST of the site. Use of any such linked web site is at the user’s own risk.
Site Terms of Use Modifications PRIMEHOST may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Governing Law Any claim relating to PRIMEHOST’s web site shall be governed by the laws of India without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.