Terms of Service

The use of services from Pro Web Solutions LLC [hereafter referred to as "PWSI"] constitutes agreement to these terms. You may view our Privacy Statement here.

Web Hosting and Related Services Terms and Conditions
[hereafter reffered to as "WHRS" category]

1. WHRS) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with PWSI, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. PWSI is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Ownership
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote.

Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. PWSI is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing. We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2. WHRS) Content
All services provided by PWSI may only be used for lawful purposes. The laws of the State of New Jersey/ Florida/Illinois, and the United States of America apply. The customer agrees to indemnify and hold harmless PWSI from any claims resulting from the use of our services.
Use of our 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 anothers 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 This email address is being protected from spambots. You need JavaScript enabled to view it. with the information required. A list of required information is listed below:

  • PWSI requires DMCA notices to be filed via fax or letter. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. This ticket system has received what appears to be a possible DMCA complaint, but one or more of the following are missing: (a) the complaint does not contain sufficient information (b) the format of the complaint is inconsistent with the requirements of the DMCA (c) the complaint has been submitted via email without proper authentication (d) full contact information is missing. We will need you to re-submit your claim, using the proper format, including sufficient details, via postal mail or fax. Instructions on how to do so follow.
  • It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
  • To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
  • To expedite our ability to process your request, please use the following format (including section numbers):
  • Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
    • Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item.
    • An example:
    • Infringing Web Pages:
    • http://www.thewebsite.com/directory/
    • http://www.thewebsite.com/something/blah.html
  • Provide information reasonably sufficient to permit us to contact you.
  • Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
  • Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  • Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • Sign the paper.
  • If via postal mail, send the written communication to the following address: PWSI Attn: Abuse, DMCA Complaint 325 N Logan St.
    Lincoln, IL 62656 United States of America
  • Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification.
  • We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.
  • In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed.
  • If a subscriber provides a proper “counter-notice” claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual’s objection. If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network.
  • If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material.

If the request is of a licensing issue, we may require further documentation. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forms and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)


PWSI services, including all related equipment, networks and network devices are provided only for authorized customer use. PWSI systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of PWSI system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. PWSI may, at its discretion, request and require documentation to prove access to a third party network or system is authorized. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

IMPORTANT: Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
Sites hosted on pws-i.com’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. pws-i.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like prowebsolutionsinc.com and many of our other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, pws-i.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under PWSI’s webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.


It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3. WHRS) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read Below:

  • Limits There is a 500 outgoing email hourly limit per domain. This limit is also applied towards Mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again so we recommend waiting at least 1 hour after this issue occurs to begin sending email again. Many of our servers have a limit of 30 POP3/IMAP checks per hour per each user’s connecting IP address. If you go over this you’re likely to get a wrong password error message or an error stating “login incorrect”. If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes. Any mailing list larger than 5,000 addresses will require a dedicated server or VPS hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed. There is also a limit to the number of Mailman mailing lists permitted as follows (NOTE: This does not apply to other mailing list programs such as PHPList. This only applies to Mailman.) Mailing Lists Rules

  • 1. Any time you’re sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you’re using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your CPanel under Fantastico.

  • IMPORTANT: If you do not throttle and you try sending 500 emails, the server will try sending all 500 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the server’s load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended for crashing the server. 2. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM – 8AM Eastern Standard Time, Monday through Friday. 3. The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else’s email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account. Email Scripts must be able to handle and document all information from a double opt-in list. This includes processing opt-outs (via web or email) and list removal on bounce backs. All opt-outs or bounce back removals must be handled in a timely manner, and outbound mail must be throttled on shared packages to a maximum of five hundred (500) emails per hour. If your account is found to be using a script that does not meet these requirements, PWSI reserves the right to suspend, terminate, or deactivate your script or account. 4. Any unsolicited e-mail being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of spam. 5. Any mailling list MUST comply with all guidelines set forth by the United States government. These can be found at: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm . 6. No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. PWSI reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. PWSI reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of PWSI.

4. WHRS) Payment Information
You agree to supply appropriate payment for the services received from PWSI, in advance of the time period during which such services are provided. You agree that until and unless you notify PWSI of your desire to cancel any or all services received, those services will be billed on a recurring basis.


Cancellations must be done in writing via a cancellation request sent to This email address is being protected from spambots. You need JavaScript enabled to view it. . Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately This email address is being protected from spambots. You need JavaScript enabled to view it. . We require that cancellations of service are done through email online to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.


As a client of PWSI, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify PWSI of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by PWSI. PWSI reserves the right to bill your credit card or billing information on file with us. PWSI provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to PWSI for services rendered. Access to the account will not be restored until payment has been received.


It is the customer’s responsibility to notify our sales team via email at This email address is being protected from spambots. You need JavaScript enabled to view it. after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and PWSI cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal. Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email at This email address is being protected from spambots. You need JavaScript enabled to view it. for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact This email address is being protected from spambots. You need JavaScript enabled to view it. PWSI reserves the right to change the monthly payment amount and any other charges at anytime.

5. WHRS) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service remotely runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. PWSI is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PWSI servers.

6. WHRS) Cancellations and Refunds
PWSI reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and PWSI is not responsible for any change in exchange rates between time of payment and time of refund. Customers may cancel at any time via a cancellation request. (send to This email address is being protected from spambots. You need JavaScript enabled to view it. PWSI gives you an unconditional 45 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal. Cancellations requested after the initial 45 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 45 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

 

  • Bank Wire Transfers
  • Western Union Payments
  • Checks
  • Money orders

There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Refund requests for .com, .net., and .org domain names (made within the 45 day money-back guarantee period) will have the common market value subtracted for those tld’s. Any ccTLD’s domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.


7a. WHRS) Resource Usage

  • User may not:
  • 1 Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • 2 Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • 3 Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • 4 Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • 5 Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • 6 Participate in any file-sharing/peer-to-peer activities
  • 7 Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
  • 8 Run cron entries with intervals of less than 15 minutes.
  • 9 Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  • 10 When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
  • 11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
  • 12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.


7b. WHRS) INODES

The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

7c. WHRS) Backup Limit Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

8. WHRS) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a. WHRS) Money back Guarantee
On dedicated servers no full refund will be honored — the 45 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. Each of PWSI’s managed shared, VPS, and reseller servers carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. PWSI will not activate new orders or activate new packages for customers who have an outstanding balance with PWSI. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by PWSI in writing.

9b. WHRS) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of PWSI dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact This email address is being protected from spambots. You need JavaScript enabled to view it. with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

10. WHRS) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. PWSI does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. PWSI will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

11. WHRS) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

12. WHRS) Dedicated Servers
PWSI reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. PWSI reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact This email address is being protected from spambots. You need JavaScript enabled to view it. if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

13. WHRS) Price Change
The amount you pay for hosting will never increase from the date of purchase by staying on the same plan. We reserve the right to change prices listed on pws-i.com, and the right to increase the amount of resources given to plans at any time.

14. WHRS) Coupons
Discounts and coupon/promo codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

15a. WHRS) Indemnification
Customer agrees that it shall defend, indemnify, save and hold PWSI harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against PWSI, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless PWSI against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PWSI; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from PWSI’s server.

15b. WHRS) Arbitration
By using any PWSI services, you agree to submit to binding arbitration. If any disputes or claims arise against PWSI or its subsidiaries, such disputes will be handled by an arbitrator of PWSI''s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of New Jersey. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

16. WHRS) Disclaimer
PWSI shall not be responsible for any damages your business may suffer. PWSI makes no warranties of any kind, expressed or implied for services we provide. PWSI disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by PWSI and its employees.

17. WHRS) Disclosure to law enforcement
PWSI may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

18. WHRS) Changes to the TOS
PWSI reserves the right to revise its policies at any time without notice.

Web Design and Related Services Terms and Conditions (if applicable)
[hereafter referred to as "WDRS" category]

By placing an order for web design or related services with PWSI, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:
The Client: The company or individual requesting the services of PWSIl.
PWSI: Primary designer/site owner/hosting provider/service provider & employees/contractors or affiliates.

General
PWSI will carry out work only where an agreement is provided either by our online store, email, telephone or fax. PWSI will carry out work only for clients who are 18 years of age or above. An ''order'' is deemed to be a written or verbal contract between PWSI and the client, this includes telephone and email agreements. An ''order'' will require agreement to the terms and conditions written on this page agreed to.

1. WDRS) Website Design and Development Services

Every endeavor will be made to ensure that the website and any scripts or programs are free of errors, PWSI cannot accept responsibility for any losses incurred due to malfunction, the website design, custom CSS or any part of it. The website, graphics and all programming code generated/produced/developed by PWSI, remain the property of PWSI until all outstanding accounts/invoices are paid in full. All scripts, to include; php scripts, cgi applications, or software (unless specifically agreed upon with special consideration) written by PWSI remain the copyright of PWSI and may only be commercially reproduced or resold with the permission of PWSI. PWSI will not take responsibility for any and all copyright infringements caused by materials submitted by the ''client''. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any additions to the brief will be carried out at the discretion of PWSI and where no charge is made by PWSI for such additions, PWSI accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to PWSI all materials required to complete the site to the agreed standard and within the set deadline. PWSI will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. PWSI will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a website owner and operator. PWSI will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents. PWSI will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. A deposit of 50% is required on all project before any design work will be carried out, unless determined by special project price or promotional offerings. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms, with no exceptions.
Example relevant to above statement: If the ''client'' decides they no longer wish to use the site or requests unreasonable design updates, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Failure to pay will result in legal action being taken if necessary. Upon completion of web design and development scope of work, the ''client'' agrees that transfer of work/files to another host provider outside PWSI servers is their responsibility unless transfer services are requested. The client agrees that all work is non-refundable upon decision to move project to another hosting provider if before project close. The ''client'' will provide all required login information for PWSI to complete the scope of work and responsible for obtaining and sending in a secure manner as possible.

2. WDRS) Database, Application and E-Commerce Development
PWSI will not take responsibility for any losses incurred by the use of any software created for the client. Consideration of every care and best practice in mind, has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Any scripts, cgi applications or software (unless specifically agreed in contract) written by PWSI remain the copyright of PWSI and may only be commercially reproduced or resold with the permission of PWSI . Where applications or sites are developed on servers not recommended by PWSI, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment. The client is expected to test fully any application or programming relating to a site developed by PWSI before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, PWSI will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

3. WDRS) Website Hosting (in relation to WDRS)
We offer multiple hosting services directly from PWSI, as terms and conditions are included above WHRS. When ordering or purchasing webdesign or development services hosting will be setup server space from PWSI, and the ''client'' will be required to choose the plan from the site. ALL Hosting will be selected from our website and no phone/fax/email/verbal orders will be accepted for hosting.
Should you require any additional information email This email address is being protected from spambots. You need JavaScript enabled to view it.

4. WDRS) Data Transfer Limits
Our monthly data transfer limit vary per plan, overuse charges may apply to your plan upon Bandwidth Exceeding the chosen plan.

PWSI servers are offering 99.9% server uptime. PWSI, however cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

5. WDRS) Hosting Payment Policy & Billing Procedures
See above information in WHRS terms.

6. WDRS) Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the PWSI policy that any outstanding accounts for work carried out by PWSI or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with PWSI. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. If accounts are not settled or PWSI have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pursue legal action to retrieve payment.

7. WDRS) Passing of Rights
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the website which includes the text, code, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms but no rights of ownership are conveyed unless specifically stated in the Project Contract. No such rights as described in above will pass until all amounts due to us from the ''client'' are paid in full. 60 days overdue/failure to pay will forfeit all rights. The rights to photographs, graphics and any third party items such as source code, will always remain the property of their respective owners.

Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.

8. WDRS) Complaints Procedure

8a. WDRS) Informal procedure
Anyone who experiences a problem with services provided by PWSI should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (example: the website name, client name, website URL, software program, etc.) and clearly outlining the grounds for complaint providing up to date ''client'' contact information. PWSI will agree to attempt in resolving the matter to the satisfaction of the complainant, upon full review.

 

8b. WDRS) Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to PWSI, who will acknowledge receipt and ensure that the matter is looked into in a timely manner. An initial response to any complaint can be expected within (7) days of its receipt; a full and considered response to the complaint should be completed within (30) days and if subsequent remedy is required it will be implemented with the minimum of delay.

9. WDRS) Security Related Issues
Passwords provided and/or generated by PWSI for client access to programs will only be shared with account owner or after written request of approved users, this includes Content Management Systems, Administrator level Access Control Levels, and any other website specific login information. For hosting account management and cPanel information please refer to "WHRS" above. All web security issues are ultimately the responsibility of the client, we strongly advise to keep all passwords and login information secure. PWSI will make all reasonable attempts to provide the website with security measures and recommendations in mind.