Terms of Service


ThaiPro Web Hosting's Terms Of Service

ThaiPro Web Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client while providing the best services available. All clients of ThaiPro Web Hosting are subject to the following terms of service:


The use of services from ThaiPro Web Hosting, constitutes an agreement to these terms.

1.) 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 and up to date at all times. If you have a domain name registered with ThaiPro Web Hosting, 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. ThaiPro Web Hosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain.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 can do so through your account management system. 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.

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 furthermaore we may not even be able to assist you with the transfer but we will make every attempt to do so. This is a courtesy service and we will not be held liable for any damage, corrupt files/databasses etc. if it is mission critical information you should move the files personally.

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 us with specific details to receive a price quote.

2.) Content
All services provided by ThaiPro Web Hosting may only be used for lawful purposes. The laws of Thailand apply.

The customer agrees to indemnify and hold harmless ThaiPro Web Hosting 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 contact us. 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 Sites
• MUDs/RPGs/PBBGs
• Hateful/Racist/Harassment oriented 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)

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 Sites
• Hateful/Racist/Harassment oriented 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)

ThaiPro Web Hosting services, including all related equipment, networks and network devices are provided only for authorized customer use. ThaiPro Web Hosting 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 ThaiPro Web Hosting 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. ThaiPro Web Hosting 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.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 24 hours.

If in doubt regarding the acceptability of your site or service, please contact us 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. 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.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, 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.

ThaiPro Web Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its policies, or to make any such modifications in an emergency at its sole discretion.

ThaiPro Web Hosting 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 ThaiPro Web Hosting.

4.) Payment Information
You agree to supply appropriate payment for the services received from ThaiPro Web Hosting, in advance of the time period during which such services are provided. You agree that until and unless you notify ThaiPro Web Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies ThaiPro Web Hosting of their intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended. Accounts are terminated 60 days after suspention, once terminated there is no way for files, databases, emails, etc. to be recovered.

Cancellations must be done in writing via the cancellation form provided in the account manager. Once we receive your cancellation and have confirmed all necessary information with you via the account manager ticketing system, we will inform you 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 "Your request has been received..." 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 did not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately. We require that cancellations of service are done through the online account manager cancellation form 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. Remember it is your responsibility to assure the account passwords are secure and your contact information is kept up to date, this will ensure you have been notified of cancellation requests, sending cancellation requests through email will not be responded to.

As a client of ThaiPro Web Hosting, 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 ThaiPro Web Hosting of your desire to cancel any or all services received (by the proper means listed in the appropiate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by ThaiPro Web Hosting. ThaiPro Web Hosting reserves the right to bill your credit card or billing information on file with us. ThaiPro Web Hosting provides a 1 day grace period from the time the invoice is generated and when it must be paid. Any invoice that are outstanding and not paid will result in an account suspension until the account balance has been paid in full.

It is the customer's responsibility to notify our sales team via the ticketing system after paying for a domain renewal or hosting and to ensure the request has been received and acted upon. Domain renewal notices are provided as a courtesy reminder and ThaiPro Web Hosting cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. You should always monitor the expire date of your domain to ensure it is maintained and kept active.

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 us.

ThaiPro Web Hosting reserves the right to change the monthly payment amount and any other charges at anytime, with ot wothout notice.

5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. ThaiPro Web Hosting 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 ThaiPro Web Hosting servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by ThaiPro Web Hosting.

6.) Cancellations and Refunds
ThaiPro Web Hosting reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. If an account has been cancelled for any violations of our terms of service no refund of un–used time will be issed.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via the cancellation link located in there account manager, emails will not be considered as cancellation requests. ThaiPro Web Hosting does not provide a money back guarantee, if you are unsure if our web hosting fits your needs please open a support request ticket to discuss your exact needs. ThaiPro Web Hosting will not be held responsably for any third party scripts provided through the control panel, it is your responsability to understand them and check with the builders of those scripts, ThaiPro Web Hosting provides them purly as a courtesy. It is your sole responsability to keep all files in your hosting account up to date, files found to be outdated and/or a security risk ThaiPro Web Hosting reserves the right to remove the script/s with or without further notice.

There are no refunds on shared hosting, reseller hosting, dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Violations of the Terms of Service will waive your right to access any part of the system.

7. Resource Usage

User may not:
a) 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.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) 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.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes.
i) 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")

It is your responsibility to notify us in advance if you website needs high resource usage, Joomla, Megento, and Wordpress can be websites that require special needs, it is your responsibility to advise us of these sites. If you host a site with high resource needs and it affects the servers performence creating: downtime and/or no connections because of these sites using all of the resources, you will be responsible for the costs associated with the downtime.

7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in a warning first, and if no action is taken a future suspension will occur. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. 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.) 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.) Bandwidth Usage
You are allocated an unlimited monthly bandwidth allowance. Should your account bandwidth usage be deemed survere, we will notify you to discuss better options.

9.) Uptime Guarantee
If your shared hosting 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 ThaiPro Web Hosting dependant 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 us with justification. All requests must be made in writing via the ticketing system. Uptime guarantees only apply to shared solutions. While the server is under any sort of maintenance notified or not then the guarantee is not in affect.

10.) Reseller:
Resellers are responsible for supporting their clients. ThaiPro Web Hosting 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'. ThaiPro Web Hosting will hold the reseller responsible for any of their clients actions that violate the law or the terms of service.

Resellers are responsible to notify us in advance if a website they plan to host is a website with high resource usage, Joomla, Megento, and Wordpress can be websites that require special needs, it is your responsibility to advise us of these sites. If you host a site with high resource needs and it affects the servers performence creating: downtime and/or no connections because of these sites using all of the resources, you will be responsible for the costs associated with the downtime.

11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting, 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.) Dedicated Servers
ThaiPro Web Hosting 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 to prevent downtime from forced password resets. ThaiPro Web Hosting 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 most simple solution.


13.) Price Change
ThaiPro Web Hosting tries to hold all prices to a bare minimum however over time the amount you pay for hosting may increase from the date of purchase. We reserve the right to change prices listed on ThaiPro Web Hosting, and the right to chane lowering or increasing the amount of resources given to plans at any time.

14.) Coupons
Discounts and coupon 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 admin 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 without refund.

15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold ThaiPro Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ThaiPro Web Hosting, 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 ThaiPro Web Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ThaiPro Web Hosting; (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 ThaiPro Web Hosting's server.

15b.) Arbitration
By using any ThaiPro Web Hosting services, you agree to submit to binding arbitration. If any disputes or claims arise against ThaiPro Web Hosting or its subsidiaries, such disputes will be handled by an arbitrator of ThaiPro Web Hosting's choice. An arbitrator from the city of Bangkok Thailand will be selected. 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. You are responsible for any and all costs related to such arbitration.

16.) Disclaimer
ThaiPro Web Hosting shall not be responsible for any damages your business may suffer. ThaiPro Web Hosting makes no warranties of any kind, expressed or implied for services we provide. ThaiPro Web Hosting 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 ThaiPro Web Hosting and its employees.

17.) Disclosure to law enforcement
ThaiPro Web Hosting 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.) Changes to the TOS
ThaiPro Web Hosting reserves the right to revise its policies at any time without notice.



Legal Notices

Trademark Notices
ThaiPro Web Hosting, the ThaiPro Web Hosting logo, and certain other marks in this web site are the trademarks, trade names, and service marks of ThaiPro Web Hosting. Any use of such marks without the prior written consent of ThaiPro Web Hosting is prohibited. Other trademarks and logos are the property of the parties to whom they are attributed.



Telephone Monitoring
To ensure ThaiPro Web Hosting's customers receive quality service, ThaiPro Web Hosting randomly selects phone calls for monitoring. These calls, between ThaiPro Web Hosting's customers and employees, are evaluated by supervisors. This is to guarantee that prompt, consistent assistance and accurate information is delivered in a professional manner.

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