Terms of Service

In exchange for the fees you pay in advance, we will host your services on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term "services" refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term "Provision Host" or "us" or "we" refers to Provision Host.

 

Permission to Host Your Content

For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

 

Acceptable Use/Illegal Activity

Provision Host strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:

- Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.

- Hosting of files or other data that infringes on another's copyright or other intellectual property rights.

- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.

- Uploading or linking to any content that violates another's right of publicity or privacy.

- Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.

- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.

- Hosting large amounts of data not specifically tied ("linked") to your hosting account. Provision Hostencourages users looking for file storage/backup solutions to seek other services that specialize in this.

- Hosting any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner.

- Use 25% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, MySQL, etc.

- Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.

- IRC and Chatboxes are allowed

 

Content

All services provided by Provision Host may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless Provision Host 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. If you believe that your copyright or trademark is being infringed upon, please email abuse [at] Provision Host.com with the information required.

 

Unlimited Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited Resoures.

Provision Host provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Provision Host's web pages describing the package of Services purchased at the time of purchase. In some cases, Provision Host may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Provision Host reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by Provision Host for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Provision Host as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with Provision Host.

Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

Provision Host may monitor User's use of bandwidth, disk usage and other resources. Provision Host, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, or normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in Provision Host's sole and absolute discretion.

 

Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

 

Limitation of Liability

You expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Provision Host will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

 

Copyrights/Trademarks

All content and materials available on Provision Host, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Provision Host, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Provision Host.

Price Changes

The amount you pay for hosting will never increase from the date of purchase without prior notice. We reserve the right to change prices listed on ProvisionHost.com, and the right to increase the amount of resources given to plans at any time.

 

Suspensions

In the event a service is suspended for non-payment, it will be subject to termination from the time of suspension. Provision Host assumes no liability for the integrity of the data stored on a suspended server.

 

Refunds/Charge Backs

No Services rendered by Provision Host are eligible for a refund. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts.

 

PayPal Subscriptions

We do not accept responsibility for users who have canceled their services and not their PayPal subscriptions. The client will take full responsibility for negligence to the subscription.

 

Guarantee

UNLESS OTHERWISE EXPRESSED, Provision Host EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

These Terms of Service May Change

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

 

This agreement is in effect as of Jun 28, 2011.