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Terms of Use - Current
Policies
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PrimeDesign will never require
clients to advertise for PrimeDesign on their websites in any
way, shape or form. Clients are allowed to use their sites for
business/commercial or personal websites and content.
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Content
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All services provided by
PrimeDesign 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 local law is
prohibited. This includes, but is not limited to: copyrighted material, material
that is threatening or obscene, material that is with "adult only"
content, or material, protected by
trade secrets and other statute.
Note: Pornography
and sex-related merchandising are prohibited. This includes
sexual content or direct links to adult content hosted elsewhere.
Sites, promoting any illegal activity, violence or content that
may be damaging to our servers or any other server, or links to
such sites are also prohibited. Examples of non-acceptable
content or links are:
 Pirated software or
copyrighted MP3 files Hacking
Tools
Warez
Sites
Web-based
shells
Adult Content (in any
form)
Spamming
Software
PrimeDesign will be the sole arbiter as to what constitutes a
violation of this provision. |
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Disk Space
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| PrimeDesign will monitor the
customer's disk usage and if it exceeds the usage agreed
upon, PrimeDesign shall have the right to take corrective
actions. Such corrective actions may include assessment of
additional charges or suspension of service. |
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Refund Policy
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PrimeDesign offers an
unconditional 90-day money-back guarantee on hosting services. If
the customer wishes to cancel a hosting account within the
initial 90-day period for any reason, he/she has to notify
PrimeDesign via e-mail
refund@PrimeDesignUSA.com and
the payment will be promptly refunded. Since all .com, .net,
.org, .us, .biz and .info domains registered through our services
cannot be refunded, they will be subject to an annual domain
registration fee. Therefore, if the customer purchased a hosting
account with a domain registration, the domain registration fee
will be deducted from the refund amount. As the customer is the
sole owner of the registered domain name, arrangements can be
made to transfer its registration to another provider.
For VPS services, PrimeDesign offers a 10-day money-back
guarantee, for the initial term of service only.
PrimeDesign does not offer any partial or prorated refunds after
the initial money-back guarantee period.
If a customer disputes a setup / renewal charge for any account,
PrimeDesign will not re-activate the service, unless the customer
covers all fees involved, including the chargeback fee and any
other transaction fees.
Accounts terminated due to policy violations will not be
refunded.
The purpose of the 90-day money-back guarantee is to allow
customers enough time to test PrimeDesign's hosting services,
and/or to be able to reverse possible erroneous payments.
PrimeDesign reserves the right to refuse cancellation requests,
in cases of a repeating abuse of the money-back guarantee policy
- e.g. opening and refunding an account and then opening it
again, or making too many cancellation requests for the mere
purpose of using a free hosting service.
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Account Renewal
Policy
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PrimeDesign does not renew
accounts automatically. For the customer's convienience,
PrimeDesign will send a renewal reminder to the contact email
address on file for the corresponding hosting account. The
customer is ultimately responsible for renewing the hosting
account through one of the options given by PrimeDesign.
Customers are not allowed to open a second hosting account for a
domain that is already hosted through PrimeDesign. If the
customer wants to continue hosting the specified domain with
PrimeDesign, he/she needs to renew the account using one of the
renewal options given by PrimeDesign. |
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Domain Registration
Policy
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PrimeDesign registers customer
domains at the ICANN-accredited registrar Enom Inc. Therefore,
all domains registered through PrimeDesign are a subject of the
Domain Registration Agreement of Enom Inc.
By registering/transferring a domain at PrimeDesign, you confirm
that you have read and you agree with the Registration Agreement
of Enom Inc. For Domain Pricing please contact
PrimeDesign.
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Dispute Resolution
Policy
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In case of ownership dispute,
PrimeDesign reserves the right to be the sole decision maker in
settling the dispute. There are several guidelines, based on
which PrimeDesign will decide who is the rightful owner of the
disputed hosting account or domain name:
By default, PrimeDesign will grant ownership to
the person, who paid for the hosting account. If the purchase was
made by credit card or PayPal, the holder of the respective
credit card or PayPal account will be considered the owner. If
the purchase was made by Western Union, bank transfer, or some
other similar way, the respective sender of the funds covering
the purchase of the account will be considered the owner.
PrimeDesign reserves the right to confirm the identity of the
owner by contacting him/her by e-mail or telephone, in the same
order of preference. If the identity of the credit card holder or the
sender of the funds as discussed above cannot be confirmed,
PrimeDesign will attempt to determine the owner in other ways,
which include but are not limited to investigation of log files,
investigation of the content hosted under the respective hosting
account or domain name, and investigation of the sequence of
annual payments for the disputed service. In case of death or serious disability of the
original owner, that prevent him/her from continuing to manage
the hosting account or the domain name purchased, PrimeDesign may
grant ownership to another person or organization, if enough
proof is presented about the original owner's condition, and
based solely upon the investigation that PrimeDesign will
undertake about this issue. PrimeDesign will consider a court decision
overruling in case of ownership dispute, and will always comply
with such a decision. |
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Lost Login Information
Policy
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In case the customer has lost
the hosting account or domain name login information, he/she can
request it to be sent to the contact e-mail address for the
respective service.
If the contact e-mail address is outdated or incorrect, the
customer should contact accountmanager@PrimeDesignUSA.com, who will
conduct an investigation of the issue, and assign a new proper
contact e-mail address. In this case, the dispute resolution
policy may be applied. |
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Traffic Guidelines
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| Accounts that reach their
monthly traffic limit may be a subject of automatic site
suspension. Also, any accumulated traffic over the monthly limit
will be charged additionally in accordance with the
characteristics of the plan purchased. If a site is suspended
under this provision, and the hosting account is in good
standing, the site will be enabled on the first date of the next
month, when the traffic counter is reset. In case of failure to
cover fees incurred by traffic over-usage, PrimeDesign reserves
the right to take corrective actions such as full suspension of
the hosting account. In case PrimeDesign takes corrective actions
under this provision, the customer shall not be entitled to a
refund of any fees paid in advance. |
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Chat Rooms
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| >Running and linking to IRC
servers or IRC bots and clients such as Eggdrop, BitchX, ircii,
etc., is strictly prohibited. |
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Background Running
Programs
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| Programs running in the
background are not allowed. |
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Resource Usage
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To maintain the integrity of
our shared hosting services, we have several special per-user
resource limits in place. These include, but are not limited to:
Memory limitations: Customers using shared
hosting services will be able to use only a certain portion of
the total available memory on the server. CPU usage limitations: Scripts that take too
much real CPU time will be terminated. Simultaneous script execution limitations:
Customers will be able to run only a certain amount of CGI
scripts simultaneously. Whenever this limitation is triggered,
execution of subsequent CGI script requests via the web will be
produce an error message. MySQL disk usage limitations: In cases, in which
the integrity of the MySQL service is endangered, the MySQL disk
usage of customer accounts may be limited. No limits will be
applied to accounts with MySQL disk usage below 3GB. Number of inodes limitation: The total number of
files and folders on a single hosting account should not exceed
500,000. Number of vhosts limitation: The number of
vhosts is determined by the number of parked domains on the
account multiplied by the number of the created subdomains.
Customers with a large number of vhosts (over 1000) might be
contacted and asked to reduce their number. MySQL connections limit: Each MySQL user cannot
exceed a certain number of connections to the MySQL server Mailbox usage: Each mailbox on a shared server
can take up to 10GB space, and/or up to 100,000 inodes.
PrimeDesign reserves the right to alter the above limitations and
to place additional limits without prior notice if an account
endangers the stability or the performance of the hosting server
due to intensive resource usage. The additional limits may
include, but are not limited to MySQL, memory and CPU usage
limitations, and stopping access to directories.
Each hosting account on PrimeDesign servers is meant to be used
for one domain, as well as a number of parked domains, according
to the hosting plan. Parked domains are full aliases of the main
domain - they display the same site content and share the same
mailboxes. Pointing parked domains to subfolders or subdomains on
the account through .htaccess files or other means is not
allowed. |
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Proxy Software
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| We do not allow running of
proxy software on our servers. Sites offering shortening URL
services are not allowed as well. |
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Distribution and/or Transmission Of
Obscene Or Indecent Speech Or Materials
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| Violation of indecency and
obscenity laws can result in criminal penalties. |
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Account Content
Ownership
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The content of the hosting
account is considered to be a property of the customer. The
customer retains ownership on all data that he/she uploads to the
hosting account. PrimeDesign will not use the data on the hosting
account for any other purpose than for the provision of the
hosting service itself. PrimeDesign will not provide hosting
account data to any third parties, unless this is required by
law, or the customer has agreed upon this.
As an owner of the hosting account data, the customer is solely
responsible for the content of the account, including its
security. PrimeDesign reserves its right to block access to any
content that may be threatening the security of the hosting
service, the data of other customers on the servers, or
PrimeDesign's reputation. PrimeDesign reserves its right to
judge as to what content is considered threatening and is a
subject of this rule. |
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Intellectual Property
Rights
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Materials, accessible to the
customer through PrimeDesign's services, may be subject to
protection under the United States or other copyright laws, or
laws protecting trademarks, trade secrets or proprietary
information. Except when exclusively permitted by the owner of
such rights, the customer may not use PrimeDesign's services
in a manner that would infringe, violate, dilute or
misappropriate any such rights, with respect to any material,
which the customer accesses or receives through PrimeDesign's
network. If the customer uses a domain name in connection with
PrimeDesign's service, he/she may not use that domain name in
violation of any third party trademark, service mark, or similar
rights.
When using PrimeDesign's services, the customer retains all
intellectual property rights on their own content, trademarks,
and any other data related to the site/account content.
PrimeDesign will use this content/data/trademarks only for the
provision of the hosting service, unless other actions are
required by law. |
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Network Security
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| Customers may not use
PrimeDesign's network in an attempt to circumvent user
authentication or security of any host, network, or account. This
includes but is not limited to: accessing data not intended for
the customer, logging into a server or account the customer is
not exclusively authorized to access, password cracking, probing
the security of other networks in search of weaknesses, or
violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any
user, host or network. This includes, but is not limited to:
flooding, mail bombing or other deliberate attempts to overload
or crash a host or network. PrimeDesign will fully cooperate with
investigations of violations of systems or network security. This
also includes cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Users who violate
system or network security may incur criminal or civil
liability. |
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Defamation
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The customer may not host
material that is:
threatening or obscene; offensive to any person or group. This includes
but is not limited to prejudice, racism, intolerance, hatred, and
harassment; expressions that are by nature libelous, defamatory,
and offensive to or disrespectful of ethnic, racial, religious,
or other groups; harmful to minors; likely to cause damage to reputation of third
parties.
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Spam or unsolicited
E-mail
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The customer may not use
PrimeDesign's network, PrimeDesign's equipment, or
PrimeDesign's e-mail service in connection with the
transmission of spam, flames, mail bombs, or similar unsolicited
e-mail messages. The customer's domain may not be referenced
as originator, intermediary or reply-to address in any of the
above. This prohibition fully extends to sending of unsolicited
mailings from another service that in any way mentions your
domain name or implicates the use of the PrimeDesign's
network, PrimeDesign's equipment, or PrimeDesign's e-mail
services. A message is considered unsolicited if it is posted in
violation of a newsgroup charter, or if it is sent to a recipient
without his/her prior consent. For purposes of this provision,
merely making one's e-mail address accessible to the public
will not constitute a request or invitation to receive
messages.
In case sufficient evidence is presented about any violation of
this provision, PrimeDesign reserves the right to disable the
customer's account without prior notice. For the purpose of
acquiring such evidence, PrimeDesign will use various techniques,
including but not limited to: closely inspecting all spam reports
sent to PrimeDesign's anti-abuse department (abuse@PrimeDesignUSA.com),
searching the logs of PrimeDesign's mail servers, and
scanning the server space for popular "spamming"
applications. PrimeDesign will be the sole arbiter as to what
would be considered sufficient evidence.
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ABUSE
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| Any attempt to undermine,
slander, libel, threaten or cause harm to PrimeDesign's
customers, employees and property, or to the company directly, is
grounds for immediate termination without refund. In addition,
any such attempts will be prosecuted to the fullest extent of the
law. |
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INDEMNIFICATION
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| Customer agrees to indemnify,
defend and hold harmless, PrimeDesign, its subsidiaries and other
affiliated companies, its officers, directors, employees and
agents from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of these Terms of Use. |
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DISCLAIMER
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PrimeDesign, at its sole
discretion, may change these terms and conditions at any time. By
using PrimeDesign's services, the user agrees that
PrimeDesign may: (1) revise these terms and conditions; and (2)
change the services provided. Any such revision or change will be
binding and effective immediately on posting of the revised terms
or change to the service(s) on PrimeDesign's web site, or on
notification to the customer by e-mail. The customer agrees to
periodically review PrimeDesign's web site, including these
terms, to get informed of any such revisions. If the customer
does not agree with any revision, he/she may terminate the
services at any time by notifying PrimeDesign by e-mail or via
the support web site (https://www.suresupport.com). Notice of the
customer's termination will be effective on receipt and
processing by PrimeDesign. The customer agrees that, by
continuing to use PrimeDesign's services following notice of
any revision to this Agreement or change in service(s), he/she
abides by any such revisions or changes.
The content available through this site is the sole property of
PrimeDesign and is protected by patent, copyright, trademark, and
other intellectual property laws. Except as otherwise explicitly
agreed in writing, PrimeDesign-owned content received through
this site may be downloaded, displayed, reformatted, and printed
for your personal, non-commercial use only. You agree not to
reproduce, retransmit, distribute, disseminate, sell, publish,
broadcast, or circulate the content received through this site to
anyone, including but not limited to others in the same company
or organization without PrimeDesign's express prior written
consent. |
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REFUSAL OF SERVICE
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PrimeDesign reserves the right
to refuse hosting for insecure applications that could be, for
instance, utilized by an attacker to gain unauthorized access to
the server and/or execute applications with the privileges of the
customer that has uploaded the insecure application in question.
Customers are responsible for keeping their applications
up-to-date, checking for security issues with the application
vendor, and updating to the latest secure version that is
available. In the event that an insecure application is installed
on the hosting account of the customer, PrimeDesign
reserves the right to disable access to it, or, if deemed
necessary, to the hosting account in its entirety. This will be
with the exclusive purpose of preventing damage to the customer
and to the other customers hosted on the same server, and may be
done with or (in case of emergency) without prior notice.
PrimeDesign reserves the right to impose restrictions
or fully suspend any of the services provided to customers, in
case the operation of these services threatens the overall
security and stability of the hosting system, and/or the proper
operation of other customers' accounts/services.
PrimeDesign reserves the right at its sole discretion
to refuse or cancel service. Violation of any of PrimeDesign
Corporation's Terms could result in a warning, suspension, or
account termination. Submitting fake personal information can
also be grounds for suspension or termination. |
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WHOIS privacy
terms
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The domain WHOIS privacy
feature replaces the data in the WHOIS output of your domain with
details of SureSupport.com. You are still the owner of the domain
name, and you can turn off the WHOIS privacy feature at any
time.
Delivery of emails: With WHOIS privacy feature
enabled, all email addresses (Registrant, Administrative,
Technical, Billing) will be replaced with a randomly generated
email address @privacy.suresupport.com. This email address will
forward all messages sent to the WHOIS contacts to your official
registrant email address. Delivery of regular mail: We do not guarantee
the proper delivery of regular mail and packages sent to the
Suresupport WHOIS privacy address. We may review the deliveries
and contact you about them only if we find it necessary. Escrow of the details of the official domain
owner: When the WHOIS privacy feature is enabled, your own
contact information will NOT be escrowed. Editing domain contacts: If you use WHOIS
Protection, you must edit the domain data only through
PrimeDesign's interfaces. Editing domain contacts through
another interface (for example, at the domain registrar) may lead
to unpredicted issues with the contact information. WHOIS verification with Private WHOIS: Each
enabling or disabling of the Private WHOIS service, as well as
each generation of new privacy email, may require a verification
of the WHOIS data, as per ICANN regulations. A verification
message will be sent to your real registrant email address, and
you need to follow the verification link in it within 15 days, to
avoid disruption of the domain service. |
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LIMITED LIABILITY
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THE CUSTOMER AGREES THAT
PrimeDesign SHALL NOT BE LIABLE FOR ANY
(1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT
LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING
SERVICES,
(2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN
NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES,
(3) INTERRUPTION OF PrimeDesign'S SERVICES OR
INTERRUPTION OF THE CUSTOMER'S BUSINESS,
(4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO PrimeDesign
Corporation'S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS
INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE
SERVICES OFFERED BY PrimeDesign;
(5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND
PrimeDesign'S CONTROL
(6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION;
(7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR
MISUSE OF THE CUSTOMER'S ACCOUNT; OR
(8) APPLICATION OF THE DISPUTE POLICIES. PrimeDesign
ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF PrimeDesign
Corporation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PrimeDesign'S MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE
DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED
DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, PrimeDesign'S LIABILITY
SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
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| Last revision: August 4 2018. |
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