​  1.  ACCEPTANCE OF TERMS

Proton Servers Host welcomes you. 

Proton Servers Host provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at https://portal.protonservershost.com/index.php?m=TermsOfService. The following terms and conditions of service regulates and define the relationship between the Proton Servers Host hereby referred to as the “Provider” and or “Company” and Clients, customers and or users such as guests. By using our services, you automatically agree to all conditions mentioned within the following agreement, ensure you read and understand this carefully. In addition, when using particular Proton Servers Host owned or operated services, you and Proton Servers Host shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. Proton Servers Host may also offer other services that are governed by different Terms of Service. 
Proton Servers Host will ensure any and written information will be easy to understand in the event any doubt and or questions arise contact support immediately. Proton Servers Host values all our clients, and as such your security safety and accountability is exceptionally important to us.

​  2.  DESCRIPTION OF SERVICE

Proton Servers Host provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Proton Servers Host or it's Partners to provide the Service. You also understand and agree that the Service may include certain communications from Proton Servers Host or it's Partners, such as service announcements, administrative messages and the Proton Servers Host Newsletter, and that these communications are considered part of Proton Servers Host membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Proton Servers Host properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Proton Servers Host assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 

  ​3.  YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: 

(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and 

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Proton Servers Host has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Proton Servers Host has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 

Proton Servers Host is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child. 

  ​4.  PROTON SERVERS HOST PRIVACY POLICY 

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at /privacy/ , You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Proton Servers Host and its affiliates. 

  ​5.  MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to 

• immediately notify Proton Servers Host of any unauthorized use of your password or account or any other breach of security, and 
• ensure that you exit from your account at the end of each session. Proton Servers Host cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 

​​​  6.  MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Proton Servers Host, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Proton Servers Host does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, pornographic, indecent or objectionable. Under no circumstances will Proton Servers Host be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. 

You agree to not use the Service to 

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 
• harm minors in any way; 
• impersonate any person or entity, including, but not limited to, a Proton Servers Host official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; This includes linking to or redirecting to any content or copyright files hosted on a 3rd party resource / server. 
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy); 
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 
• upload, post, email, transmit or otherwise make available any material that is of broadcast / streaming types. 
• upload, post, email, transmit or otherwise make available any material that is of keylogging / proxy service / irc / shell(s) if any type / file hosting / file sharing types. 
• upload, post, email, transmit or otherwise make available any material on hosting accounts that is of pornographic nature.
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; 
• provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; 
• "stalk" or otherwise harass another; and/or 
• upload, post, email, transmit or otherwise material for the purposes of file distribution, relay, or streaming reasons. 
• collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 15 above. 

​​  7.  Resource Usage

User may not:

     •  Use 75% or more of your max system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP scripts, HTTP, etc.
     •  Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
     •  Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
     •  Run any software that interfaces with an IRC (Internet Relay Chat) network.
     •  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.
     •  Participate in any file-sharing/peer-to-peer activities
     •  Run any gaming servers such as Counter Strike, Half-Life, Battle Field, etc...
     •  Run cron entries with intervals of less than 15 minutes.
     •  Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
     •  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")
     •  Share your account with your friends and family members. Your account is for your websites only.
     •  Store files on their Proton Servers Host account that is not for their website hosted at Proton Servers Host. (Example: Storing media files for another website)

  ​8.  ACCEPTABLE SERVER RESOURCE USE

Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and / or disk space. Please refer to the 'Resource Usage' section in the General Terms and Conditions. 

​  9.  BACKUPS / DATA LOSS

Your use of this service is at your sole risk. Backups are a best effort service and we do not warrant that they are complete or regular. Proton Servers Host 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 Proton Servers Host servers. Any reported network issue or server fail/upgrade/downgrade will result in server reinstall/redeploy. Except where we hold backups for server restore in the event of failure, we will restore the backup images we hold to our servers. We will not supply these to users unless stated otherwise and if we do an admin fee will be payable per event which can be discussed by opening a ticket with our billing department.

​  10.  SCRIPT USAGE TERMS

Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy services, anonymous or otherwise, are not allowed. 

The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed.

Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server 

Examples of not allowed script and website types include (but are not limited to): 

• Pornographic/adult content 
• Proxy scripts 
• Chat scripts 

• Bitcoin / cryptocurrency faucet sites 
• File sharing / file storage scripts 
• Autolike scripts 
• Hacking scripts / PHP shell scripts 
• Phishing 

• Mass mail scripts 
• Website scraping/crawling/downloading scripts 
• Torrents 
• Warez 
• Cracked/pirated content of any kind 

​​  11.  USAGE OF DISK SPACE TERMS

Proton Servers Host offers large web space and bandwidth with hosting accounts. By this, we mean space for legitimate web site content and bandwidth for visitors to view it. Sites should not contain any archives of movie files, audio files, zips, rars or any large volumes of files used for downloading / sharing. We will treat all password protected archive (e.g. zip and rar) files as unacceptable. Multimedia content such as audio and video is acceptable provided it is streamed to the user. Sites should not contain any backups or other non-web-based content, if you need a backup provider, we suggest using our Proton Servers Cloud.

  ​12.  RIGHT TO SUSPEND / TERMINATE HOSTING SERVICES

We reserve the right to suspend or terminate any hosting services if a website/hosting service consumes excessive server resources or effects other websites / hosting services on a shared or clustered hosting server. Excessive resource usage can constitute any form of server usage calculated and determined at the discretion of Proton Servers Host. Proton Servers Host reserves the right to suspend service at any time without prior notice if or when the health or normal running / performance of a service is effected / degraded by a website or hosting service. 

You acknowledge that Proton Servers Host may or may not pre-screen Content, but that Proton Servers Host and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Proton Servers Host and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Proton Servers Host or submitted to Proton Servers Host, including without limitation information in Proton Servers Host message boards and in all other parts of the Service. 

You acknowledge, consent and agree that Proton Servers Host may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: 

• comply with legal process; 
• enforce the TOS; 
• respond to claims that any Content violates the rights of third parties; 

• respond to your requests for customer service; or 
• protect the rights, property or personal safety of Proton Servers Host, its users and the public. 

You understand that the technical processing and transmission of the Service, including your Content, may involve 

• transmissions over various networks; and 
• changes to conform and adapt to technical requirements of connecting networks or devices. 

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Proton Servers Host and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. 

​  13.  INTERSTATE NATURE OF COMMUNICATIONS ON PROTON SERVERS HOST NETWORK

When you register with Proton Servers Host, you acknowledge that in using Proton Servers Host services to send electronic communications (including but not limited to email, uploading photos and files and other Internet activities), you will be causing communications to be sent through Proton Servers Host's computer networks, portions of which are located in California, Ohio, UK, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Proton Servers Host's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions. 

​  14.  SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 

​  15.  CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Proton Servers Host does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Proton Servers Host the following worldwide, royalty-free and non-exclusive license(s), as applicable: 

• With respect to Content you submit or make available for inclusion on publicly accessible areas of Proton Servers Host Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the Proton Servers Host Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Proton Servers Host removes such Content from the Service. 
• With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Proton Servers Host Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Proton Servers Host removes such Content from the Service. 
• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Proton Servers Host Servers, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. 

"Publicly accessible" areas of the Service are those areas of the Proton Servers Host network of properties that are intended by Proton Servers Host to be available to the general public. By way of example, publicly accessible areas of the Service would include Proton Servers Host Message Boards and all areas that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Proton Servers Host Servers that are limited to members, Proton Servers Host services intended for private communication such as Proton Servers Host mail or, or areas off of the Proton Servers Host network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Proton Servers Host. 

  16.  CONTRIBUTIONS TO PROTON SERVERS HOST

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Proton Servers Host through its social media platforms, forum, or contact forms, you acknowledge and agree that: 

• your Contributions do not contain confidential or proprietary information; 
• Proton Servers Host is not under any obligation of confidentiality, express or implied, with respect to the Contributions; 

• Proton Servers Host shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; 
• Proton Servers Host may have something similar to the Contributions already under consideration or in development; 
• your Contributions automatically become the property of Proton Servers Host without any obligation of Proton Servers Host to you; and 
• you are not entitled to any compensation or reimbursement of any kind from Proton Servers Host under any circumstances. 

​  17.  INDEMNITY

You agree to indemnify and hold Proton Servers Host and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 

  ​18.  NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Proton Servers Host  ID), use of the Service, or access to the Service, unless you are a member of the Proton Servers Host  reseller service, utilizing the reselling platform to resell to end users. 

  ​19.  GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Proton Servers Host may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that idle hosting accounts, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Proton Servers Host's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Proton Servers Host has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Proton Servers Host reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Proton Servers Host reserves the right to modify these general practices and limits from time to time. 

​  20.  MODIFICATIONS TO SERVICE

Proton Servers Host reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Proton Servers Host shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 

Certain services provided by Proton Servers Host are resold. Thus, certain equipment, routing, software, and programming used by Proton Servers Host are not directly owned or written by Proton Servers Host. Proton Servers Host shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. Proton Servers Host will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by Proton Servers Host  and Proton Servers Host  will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame. 

​  21.  TERMINATION

You agree that Proton Servers Host may, under certain circumstances and without prior notice, immediately terminate your Proton Servers Host account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, 

• breaches or violations of the TOS or other incorporated agreements or guidelines, 
• requests by law enforcement or other government agencies, 
• a request by you (self-initiated account deletions), 
• discontinuance or material modification to the Service (or any part thereof), 
• unexpected technical or security issues or problems, 

• extended periods of inactivity, 
• engagement by you in fraudulent or illegal activities, and/or 
• non-payment of any fees owed by you in connection with the Services. 
• Chargeback of Money without our approval and/or prior notice 

Termination of your Proton Servers Host account includes 

• removal of access to all offerings within the Service, including but not limited to Hosting accounts, Email Services, SQL databases, 
• deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and 
• barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Proton Servers Host’s sole discretion and that Proton Servers Host shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

​​  ​22.  DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Proton Servers Host shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 

  ​23.  LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Proton Servers Host has no control over such sites and resources, you acknowledge and agree that Proton Servers Host is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Proton Servers Host shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 

  ​24.  PROTON SERVERS HOST'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Proton Servers Host or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 

  ​25.  USE OF ADVERT BLOCKERS

Proton Servers Host may use adverts to subsidize the costs of running the service. The use of advert blockers, or the process of recommending advert blockers whilst using the service is forbidden.

  ​26.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROTON SERVERS HOST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. PROTON SERVERS HOST  AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROTON SERVERS HOST OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

​​  27.  LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROTON SERVERS HOST  AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROTON SERVERS HOST  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 

  ​28.  EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU. 

  ​29.  SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above section 24 and 26 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Proton Servers Host and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information. 

  ​30.  NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement. 

​  31.  NOTICE

Proton Servers Host may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service. 

  ​32.  TRADEMARK INFORMATION

The Proton Servers Host, Proton Servers Host logo, trademarks and service marks and other Proton Servers Host logos and product and service names are trademarks of Proton Servers Host (the "Proton Servers Host Marks"). Without Proton Servers Host's prior permission, you agree not to display or use in any manner the Proton Servers Host Marks. 

  ​33.  NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Proton Servers Host respects the intellectual property of others, and we ask our users to do the same. Proton Servers Host may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Proton Servers Host's copyright agent the following information: 

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 
• a description of the copyrighted work or other intellectual property that you claim has been infringed; 
• a description of where the material that you claim is infringing is located on the site; 

• your address, telephone number, and email address; 
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  34.  ARBITRATION

By using any Proton Servers Host's services, you agree to submit to binding arbitration. If any disputes or claims arise against Proton Servers Host or its subsidiaries, such disputes will be handled by an arbitrator of Proton Servers Host's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Florida. 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.

  35.  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, 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.

Bulk email will only be allowed on our VPS platform and must abide by all US laws regarding spam, including the CAN-SPAM act.

Proton Servers Host 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.

Proton Servers Host 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 Proton Servers Host.

  36.  UPTIME GUARANTEE

Proton Servers Host offers a monthly Uptime Guarantee ("Guarantee") for the Hosted Service You purchase from Us. If your service has a downtime that is not within the uptime guarantee for a non-scheduled maintenance/downtime, as solely determined by Us, due to an internal infrastructure or equipment failure you will be eligible to receive appropriate amount of credit on your account for the time the Service was unreachable. Approval of the credit is at the discretion of Proton Servers Host 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 Web Server which may differ from the uptime reported by other individual services. To claim a Service cycle prolongation You need to contact Us by submitting a ticket to Proton Servers Host Billing Department within the first 10 calendar days after the downtime took place. Any Service interruption deriving from failure or deficiency of Proton Servers Host infrastructure and equipment may not be eligible if caused or associated with such things as but not limited to:

• DDoS or similar attacks on Our servers.

• third-party software failure.

• You maxing Your resource container.

• issues resulting from errors or omissions by You.

• interruptions caused by You from custom scripting, coding or the installation of third-party applications.

• network conditions across the internet (outside of our network), such as between Your ISP and Our data center.

• firewall blocks/bans.

• browser or DNS caching issues.

• outages related to the reliability of certain programming environments.

• any other circumstances beyond our control or that are not reasonably foreseeable.

• any act of God or force majeur which results in the failure of the service.

All remedies are at the discretion of Proton Servers Host, based on its investigation of any issue that is covered by this section. If Proton Servers Host provides a remedy as described above, or Guarantee, for a particular Service, this shall be Your sole and exclusive remedy for defects in, or issues with, the Service. Proton Servers Host shall not be liable for any consequential or indirect loss or damage caused by the failure of Service.

  37.  DISCLOSURE TO LAW ENFORCEMENT 

Proton Servers Host 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.

  38.  TRANSFERS

We do provide the transferring of any website/server as a courtesy service but we cannot make any guarantee that during the transfer process we will be able to move your site/server. Our service department will make an effort to move your site/server to our hosting platform but the amount of time can vary immensely depending on how the site was previously configured. We always strive to make this a seamless process and try to avoid any interruption to existing sites/servers but in some cases, we may be unable to assist you in a transfer of data from the old server. We are not responsible for data loss in transfers.

  39.  FRAUDULENT ACTIVITY

Proton Servers Host utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information.

  40.  TORTUROUS CONDUCT

Any abuse towards any Proton Servers Host employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Proton Servers Host or utilizing the support system, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behaviour aimed at Proton Servers Host or its employees shall be considered a violation of this Terms Of Service.

  41.  USE OF COPYRIGHT MATERIAL AND PROOF OF OWNERSHIP OF CONTENT

Sites must not contain warez, copyright or other illegal material including links or redirects to copyright material hosted on 3rd party websites / resources. The onus is on you the customer to prove that you own the rights to publish material, not for Proton Servers Host to prove that you do not. Proton Servers Host does not allow the propagation or distribution of copyright material, files or warez under any circumstances.

  42.  RESELLER: CLIENT RESPONSIBILITY