Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and The Computer Pro Network‘s Acceptable Use Policy (AUP), including SPAM, and all disconnect and reconnect fees associated with violations. The Computer Pro Network does not harden or enable additional server security software outside of operating system defaults, with exceptions for packages which include service agreements. These service agreements are detailed in separate documents and may serve as addendum to the terms set forth in this document.
The following terms constitute an agreement between you and The Computer Pro Network, LLC. (“The Computer Pro Network“). These Terms of Service govern your use of the services provided by The Computer Pro Network (the “Services”).
BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Oklahoma City County, Oklahoma any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.
These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
The Computer Pro Network‘s Responsibilities
The Computer Pro Network agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. The Computer Pro Network reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of The Computer Pro Network.
Changes to Terms of Service
The Computer Pro Network‘s Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of The Computer Pro Network. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the services to be supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
No Services rendered by The Computer Pro Network are eligible for a refund. Prepayments, overpayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to The Computer Pro Network within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by The Computer Pro Network, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an ‘Administrative Fee’ of $200 in addition to original amount of funds which were reclaimed.
‘New Customer’ Money Back Guarantee
New customers with no prior service history and who present a valid deficiency with the service rendered by The Computer Pro Network within 15 days of sign-up, may be granted a refund. Any refund will be issued at the sole discretion and judgment of The Computer Pro Network. Costs associated with additional IPv4 allocations and software licenses (e.g., cPanel) will be excluded from any such refund. Users suspended or terminated as a result of terms of service or acceptable usage policy violations will not be eligible for a money back guarantee refund. Furthermore, any customer who makes use of The Computer Pro Network complimentary website migration service or receives a complimentary OS re-installation is also not eligible for a money back guarantee refund.
In the event a service is suspended for non-payment, it will be subject to termination four (3) days from the time of suspension. At which time, a termination fee of $25 may be applied to the account which must be paid within 15 days to avoid full account suspension. The Computer Pro Network assumes no liability for the integrity of the data stored on a suspended server.
The Computer Pro Network requires a ten (10) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A ten (10) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within ten (12) days, the server will still be canceled however a termination fee of $25 per server will be applied to the account and must be paid within 15 days to avoid full account suspension.
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of The Computer Pro Network. All information available to The Computer Pro Network about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.
Disclaimers of Liability; Indemnification
WE PROVIDE THE SERVICES ‘AS IS’, ‘WITH ALL FAULTS’ AND ‘AS AVAILABLE’. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A P ARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A THE COMPUTER PRO NETWORK LLC REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
The Computer Pro Network provides hardware support related to each direct client’s service functioning. The Computer Pro Network does not offer software support of any kind, through our hosting services. The Computer Pro Network does not provide software support/troubleshooting for the software items chosen from the order form, unless a separate and specific support package is also purchased. The Computer Pro Network only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. The Computer Pro Network is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by The Computer Pro Network or the client. The Computer Pro Network provides enhanced software support for an additional fee, and these prices and packages can be explored on our website or by contacting our support line. Each client is eligible for one (1) complimentary operating system (‘OS’) reload per billing cycle; each additional OS reload is subject to a $20 fee per reload. Installation of an unsupported OS is subject to the prior approval of The Computer Pro Network and to a 75$ fee after which our staff will construct your template and make it available for you to install on your VPS. The Computer Pro Network does not provide any type of support to the clients of our clients (third party clients). The Computer Pro Network will only provide support directly to clients of The Computer Pro Network.
Abuse/Spam/Bulk Email Policy
The Computer Pro Network reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
The following actions will be taken on a case-by-case basis:
- An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 24 hours of the ticket being opened. Typically, no service will be suspended or filtered within the first 24 hours of an abuse ticket being opened. If a response is not received within 24 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
- If a response has not been received to an abuse ticket within 3 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
- Habitual neglect of abuse occurring on a client’s server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.
The Computer Pro Network reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. The Computer Pro Network also reserves the right to charge an administrative fee assessed at an hourly rate of one hundred dollars ($100) per hour for all staff hours required to investigate and remediate any and all abuse-related activities.
Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client’s server are a result of the server’s security being compromised, our abuse department will offer the following options:
- At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.
- Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
- If Operating System reinstallation is not accepted as an option, The Computer Pro Network may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
- Security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.
If a client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklistings, the client must provide The Computer Pro Network with an explanation via the support ticketing system within 5 days of the abuse ticket being opened.
The Computer Pro Network handles any and all Digital Millennium Copyright Act (‘DMCA’) complaints very seriously, and will thoroughly investigate each complaint received. The Computer Pro Network reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.
The following actions will be taken on a case-by-case basis:
- A ticket is opened as a warning, providing 24 hours to resolve the situation.
- After 24 hours with no client response, connection to the IP address from the DMCA complaint may be disabled at the network level. At this time, The Computer Pro Network reserves the right to assess a $50 fine.
- After 48 hours with no resolution, services on the server in question will be suspended.
- After 5 days of being suspended and the issue not having been resolved, services on the server in question will be canceled and an Abuse Charge of $300 will be placed on the account. All client data will be destroyed immediately after the cancellation date.
- Users who violate this policy and fail to resolve the situation within 24 hours agree that in addition to these administrative penalties, they will pay ‘Research Fees’ not to exceed $100 per hour that The Computer Pro Network personnel must spend to investigate the matter, to be charged only if claims are found to be valid.
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $0.30 (thirty cents) over the allotted bandwidth on the service. The Computer Pro Network reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. The Computer Pro Network is not responsible for spikes in bandwidth that are caused on a client’s service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.
Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of The Computer Pro Network. The identity verification measures may include the faxing of two forms of government issued identification to The Computer Pro Network, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms. All payments are manually verified before the request for service is accepted, and The Computer Pro Network has the right to decline and payment suspected to be fraudulent for any reason.
The Computer Pro Network keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. The Computer Pro Network reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name. Some agreements with The Computer Pro Network include the display off branding, these contracts are separate of this document and are not affected in this clause.
All communications from The Computer Pro Network and the client are strictly confidential and for the intended use of the addressee only. Any disclosure use or copying of the information by anyone other than the intended recipient is prohibited, and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, ‘Notices’). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the ‘Terms of Service’ link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
Acceptable Use Policy
You will be held responsible for all actions performed by your account whether done by you or by others! If server security is compromised, the account holder is responsible for all violations of The Computer Pro Network Terms of Service (the “Terms of Service”) and this Acceptable Use Policy (this “AUP”), including SPAM, and all disconnect and reconnect fees associated with violations.
The following terms constitute an agreement between you and The Computer Pro Network LLC. (“The Computer Pro Network“). This AUP governs your use of the services provided by The Computer Pro Network (the “Services”). BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THIS AUP.
Statement of Purpose
The Primary Purpose of The Computer Pro Network is to provide our clients with the resources necessary to put their Internet services online reliably in a lightning fast, high availability environment that responds quickly to each client’s individual needs.
Regarding Ultimate Liability
The client is ultimately responsible for individual server security. The Computer Pro Network disclaims all liability for server content.
All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by The Computer Pro Network, and an appropriate course of action shall be taken as determined by The Computer Pro Network in its sole discretion. Proper use of public networks must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP. BitTorrent, P2P file-sharing, Usenet, TOR, open proxies, CamFrog, digital currency mining, distributed CPU computing, and port scanning are also strictly prohibited. The Computer Pro Network does allow IRC, game servers, and legal adult content.
Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.
Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.
The Computer Pro Network does not actively monitor the content on its servers. We do monitor network traffic for obvious abuse and for the purpose of maintaining metrics. We reserve the right to investigate any part of a client’s services, including data, content, and applications for the reasons provided: accelerated service provided at the client’s request, to diagnose an immediate issue with service, while investigating an abuse claim, improving overall performance of the server, diagnosing performance or security issues, or as part of a packaged service. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by The Computer Pro Network, and a course of action shall be taken to correct the problem, which may result in termination of the account or service. We reserve the right to suspend any account for investigation including information gained by incidentally, and directly viewed information, while providing support to a client.
If any client or any third-party user that is a customer of our client uses The Computer Pro Network services, network, its physical or virtual infrastructure in a manner that causes The Computer Pro Network, or any IP addresses issued by The Computer Pro Network to be “blacklisted” or “blocked”, The Computer Pro Network reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating The Computer Pro Network service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
All IPs addresses issued by The Computer Pro Network are the sole property of The Computer Pro Network. Clients retain no ownership rights to any IP addresses issued by The Computer Pro Network. Clients may not transfer IPs from The Computer Pro Network. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact email@example.com.
The Computer Pro Network may be required by law to submit client information to law enforcement officials, when presented with a valid subpoena from a court with proper jurisdiction. In such event, the information requested is disclosed as directed pursuant to the subpoena. The safety and privacy of any client will only be compromised by the court order of a subpoena. The Computer Pro Network will notify the client of the information request as allowed by the subpoena. The Computer Pro Network also takes a serious stance on cybercrime, we submit all incidents and relevant information to the appropriate authorities, as well as several security mailing list and vulnerability databases. We have a certified, trained, and experienced security staff with a history in forensics.
Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by The Computer Pro Network, including without limitation the customers, clients and other users of our clients.
The Computer Pro Network reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. The Computer Pro Network also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.
Service Level Agreement
The Computer Pro Network guarantees a 99.9% monthly network uptime per this Service Level Agreement (from here on referred to as “SLA”). Please note that terms and conditions apply.
The Computer Pro Network Uptime
99.9% and above
97.0% and below
The Computer Pro Network 99.9% Network Uptime SLA consists of 4 parts:
- Global Internet Connectivity – This includes connectivity from the The Computer Pro Network network to the outside Internet.
- Private Network Connectivity – This includes connectivity between the privately routed network within The Computer Pro Network.
- Hypervisor Uptime – The hypervisor, and accompanying nodes uptime and availability on The Computer Pro Network servers
- Client Control Panel – This includes the accessibility of the client control panel. This SLA does not guarantee functionality of the client control panel. Nor does it guarantee access to the users individual instances or installed control panel.
Terms and Conditions
- The Computer Pro Network extends this SLA to its direct clients only. The Computer Pro Network is not liable for downtime caused by a reseller of its services.
- The Computer Pro Network offers SLA credits for use in future billing cycles only. SLA credits are non-transferrable in any way. SLA credits may not be exchanged for currency of any kind.
- SLA credit is calculated from the time a ticket is opened regarding the issue to the time the issue is resolved.
- Any Customer account not in good standing on payments is not eligible for SLA credit.
- Any Customer account which has been out of good standing on payments 3 times or more within 12 months prior to the outage is not eligible for SLA credits.
- Any Customer server disconnected due to violation of the AUP/TOS is not eligible for SLA credit.
- All SLA claims must be made to the sales department and will be issued as account credits.
- Any Customer making false SLA credit claims may be charged a $50 administrative fee per offense.
- All SLA claims must be made within seven days of the network downtime. SLA credits may take up to 15 days to authorize, process, and post to the Customer account.
- SLA credits may not exceed the full monthly amount of the server they are being applied to.
- SLA credit claims can only be made by an authorized user on the account. All other unauthorized claims will be denied.
- SLA credits may not be stacked, i.e. claiming SLA credit on both uplink downtime, as well as power downtime during the same incident.
- In no way does the The Computer Pro Network SLA include software of any sort. Operating system reloads do not qualify in any way for an SLA credit.
- Any form of management by The Computer Pro Network of Customer software is not eligible to be included in The Computer Pro Network SLA. Any form of hardware reconfiguration due to software or management of software is not eligible to be included in The Computer Pro Network SLA.
- Any failure outside of The Computer Pro Network’s network itself, including bandwidth carrier outages, are not eligible for SLA credit.
- Scheduled maintenance of The Computer Pro Network’s network is not eligible for any form of SLA credit.
- Acts of God, including weather, natural disaster, or any other disaster outside of the control of The Computer Pro Network are not eligible for SLA credit.
- The Computer Pro Network SLA is subject to change or revision without notice.