PrimeOptic.net Terms of Service

This Terms of Service Agreement ("TOS Agreement") constitutes a valid, binding and enforceable legal contract by and between you, the "Subscriber", and PrimeOptic.net,("PrimeOptic")

Acceptable Use Policy / Terms Of Service / Service Level Agreement / Arbitration Agreement


From here on terms are: Us/We, and any form of "PrimeOptic.net" or "PrimeOptic" references PrimeOptic.net, You, User, Customer, Client references anyone who uses our services - who is bound to this agreement


Attention, please read this completely, All Customers who access our servers and use our services are required to follow these guidelines. If found in violation your account will be suspended and/or terminated without refund.

PARAGRAPH HEADINGS:
The titles/labels to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement. If any single part of this agreement is deemed void, all other parts will remain valid.
By using our services in any extent, you agree to be bound by this agreement. This agreement may be changed at any time you will be given a 30day notice prior to any changes, and supersedes any verbal and/or written agreement.

Section 1 : (Basic Responsibilities) PrimeOptic.net acts only as a gateway to the internet. PrimeOptic.net takes no responsibility for opinions or views of those who choose to host with us. We make no warrants or promises that your company will succeed or will not. We are not responsible for any damages taken by your company for using our services. At no point will PrimeOptic.net assume liability for any item hosted on our system by you or your customers or for any loss of such item. Any complaints about items hosted on our server should be sent to abuse@primeoptic.net. Action will only be taken if these items are in violation of our terms of use and/or violation of Federal or State laws (United States Of America).

Force Majeure clause:
PrimeOptic.net shall not be liable for any failure to perform its obligations where such failure is as a result of acts of God or nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telecommunications which are outside of our control. This clause applies to both PrimeOptic.net and the customer.

Section 2 : (Paid Web Hosting Policy) PrimeOptic.net takes no responsibility for the files you host on this site. No commercial sites allowed unless you have a commercial account. It is your responsibility, to back up your website at least on a weekly basis, as we do not backup personal files, only major system files. We will not be held liable for any loss of data on our servers. PrimeOptic.net respects everyone's right to an opinion and belief and do not discriminate against any Web Site based on content as long as it is considered legal in the United States. We will protect your information against any and all outside parties, unless so ordered by the courts of the United States. You will be responsible to cover all Bandwidth overage charges by your next billing cycle, or your account may be suspended. PrimeOptic.net and/or our Transit provider/Uplink and/or affiliates ARE NOT responsible for Files you host on our system. YOU are the sole responsible party and take complete responsibility for any files/information hosted on your account. You must keep your information (password/username) safe and secure. If any file is found on our network that is considered illegal by United State Laws, We reserve the right to release your information to the correct agencies who deal with the files in question. If PrimeOptic.net deems your site inappropriate for our servers we will give you no more then 10 day notice to relocate your site. After 10 days we reserve the right to close public access to the account and give you an additional 20 days to remove your files. Sites that may be deemed inappropriate may include but not limited to any sites that bring negative attention to PrimeOptic.net.

Section 3: (Service Level Agreement).
PrimeOptic.net guarantees 99.9% uptime on all public network services to Customers located in our datacenters. All public network services include redundant carrier grade internet backbone connections, advanced intrusion detection systems, denial of service mitigation. If at anytime we fail to meet this SLA we will issue to you the customer a credit of up to 50% of your total bill based on the chart information below:
99.9% - Guaranteed
99.8% - 5% Credit to customer
99.7% - 10% Credit to customer
99.6% - 15% Credit to customer
99.5% - 20% Credit to customer
99.4% - 25% Credit to customer
99.3% or less - 50% Credit to customer
Guarantees do not include scheduled service maintenance in which customer was given at least 72 hours of notice.

Section 4: (Billing) You are responsible for keeping track of all due dates and the billing cycle. You will be given a 5 day grace period on all payments, but after that a fee of no more then $10.00 USD will be charged as a late fee. After 10 days the account will be suspended and an additional $10.00 USD fee will be added. Late charges will not be greater then a total of $20.00 USD per account. If your account is suspended for non-payment, you will not be allowed access to the machine until payment is received. Customers with co-location or dedicated servers will be charged a $50.00 reconnect fee. Payments are due the 1st of every month unless you make arrangements with PrimeOptic.net by email and allow 30 days for approval. Any disputes with your bill must be sent to billing@PrimeOptic.net, rather you're in dispute of a bill or not you still must make the payment, if it is found that a mistake was made your payment will be credited back to you in the amount of the mistake. Dedicated Server customers have additonal stipulations lsited in Section 9 of this document

Section 5:(Email Policy) Spam is completely prohibited from any server/system operated by PrimeOptic.net. If found you will be billed $5.00, per email sent on our system. We will also forfeit all information to the proper government agency for inspection of validity. Spam is defined as (in our eyes) "Any unsolicited email that was not requested by the person the email is sent to". We do not allow bulk emailing to be done on our system unless you have purchased our business email hosting packages. Bulk email is defined as "Any sending of large amounts of email to many different users, in an attempt to sale/solicit/attract or to send a message". We do not allow the sending of copyrighted material and/or pornography through our email servers. Any in violation of our email policy shall have there account suspended and or terminated without possibility of refund

Section 6: (Refund Policy) Certain services are non-refundable which include, Domain Registrations, Setup Fees, Bandwidth Fees, Dedicated Server Payments and or any late charges. Your Web Hosting Account is eligible for refund up to the first 30days of service. There are no charges or fees for refunds on accounts that are canceled who have not had previous invoice. Accounts that have had previous invoices and request a refund for unused time will be eligible for a Processing fee of 15% of amount owed on refund. Before any refunds/credits can be applied to an account ALL invoices must be $0.00. If you owe any fees/charges they will be deducted from any refund you are obligated to before you get the refund.

Section 7: (System Usage) Access to these servers is limited to only those who own/mange an account with us. Trading of "space", or giving out your account information and/or reselling your account is strictly forbidden. Doing so would be a violation of this AUP/TOS and subject your account to termination without a refund. Items hosted on our network/servers are your responsibility, and not that of our uplink/transit provider and or any affiliate associated with PrimeOptic.net or PrimeOptic.net itself. You are responsible for keeping your account password secure and safe and that no one is using your account for any illegal purpose.

Section 8: (FREE Web Hosting Policy): PrimeOptic.net is capable of giving away free web space thanks to the sponsorship of our advertisers. In return, each page that you create will have an advertising banner/text automatically inserted into it (one banner per page at the top "header" of the viewable browser window the other banner at the bottom "footer" of the site). You may not remove, resize so as to render invisible or unreadable, or otherwise block any of the banners/text/advertisements that PrimeOptic.net inserts onto your web pages. Doing so will result in immediate account termination, and blocking you from creating any new accounts with PrimeOptic.net. You must provide a valid email address when registering and keep it up to date if it changes. Your page should be active - that is, it is either receiving 'hits' or is being updated/posted to. Sites that either receive no hits or are not updated over a period of 60 days will be considered 'inactive' and may be removed by PrimeOptic.net to make room for other users. You may not use your web space to provide material, or links to material, that is grossly offensive to the Web community. This includes:
  • Blatant expressions of bigotry, racism, hatred, or profanity
  • Promotion or display of instructional information supporting illegal activities this includes, but is not limited to, instructions for the building or use of weapons, propagation of "spam" email and/or computer viruses, or any material that infringes the intellectual property rights of third parties
  • Promotion of physical harm or injury against any group or individual
    • You may not use your web space for 'data warehousing' that is, using our space as storage for large files which are only linked from other sites. By submitting a web page to PrimeOptic.net or any other web page hosting service on The PrimeOptic.net Network, you grant PrimeOptic.neta royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within the PrimeOptic.net Network. Such license shall apply with respect to any form, media, or technology now known or later developed. This term will extend only for the duration of the user's membership with the particular PrimeOptic.net service. In the event that such membership is terminated, PrimeOptic.net will relinquish all rights to the user's Content following the duration of any applicable promotional activities ongoing at the time the membership is terminated. If you are 18 years of age or under you may not become a member of PrimeOptic.net! The protection of children's online privacy is very important to The PrimeOptic.net Network. For that reason, it is our policy not to collect or maintain information at our web sites from those we actually know are under 13 and no part of our web sites is structured to attract anyone under 13.

    Section 9: (Dedicated Servers) By signing up with a Dedicated Server account YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS THE BILLING TERMS AND CANCELLATION TERMS IN THIS SECTION ARE FOR DEDICATED SERVER CUSTOMERS (ANY CUSTOMER HOSTING A DEDICATED SERVER WITH US) AND SUPERCEDE ANY OTHER TERMS AND CONDITIONS IN REGARDS TO CUSTOMERS BILLING AND TERMS STATED BELOW. .
  • (Refunds / Billing) Any and all payments made to dedicated server accounts are NON-REFUNDABLE. No portion of any payment made for a dedicated server account is refundable. Customers buying dedicated servers do so understanding that they are not eligible in any way for a refund of any payments made, that if they do not send written notice of cancellation before at least 10 days before the invoice due date of each month, then you are responsible for the that months payment. You understand and accept that you will not issue any charge backs on your credit card, paypal, check or any form of payment to PrimeOptic.net. If you do issue a charge back you agree to pay a fee of $150.00. You also understand that your account will be sent to collections and you agree to cover a collection fee of $75.00..
  • (Cancellation) You must cancel your server 10 days before the invoice due date. If you do not cancel your server 10 days before the invoice of that month then you are required to pay for the following invoice. Servers will be disconnected only on the due date of each month The server will be shut off on the invoice due date when you cancel. If you fail to meet the cancellation date you agree to be responsible for all payments due. You agree that if you do not make your payment you will be sent to collections and charged a collection fee of $75.00.



    • ARBITRATION AGREEMENT

    :
    Agreement to arbitrate all differences arising out of using our services or doing business with our company. Agreement made, effective as of the date you make contact with PrimeOptic.net.

    SECTION ONE:
    MATTERS TO BE SUBMITTED TO ARBITRATION
    All disputes and controversies of every kind and nature between the parties to this agreement arising out of or in connection with any service/contact with PrimeOptic.net as to the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of the agreement shall be submitted to arbitration pursuant to the procedure set forth in this agreement.

    SECTION TWO:
    PROCEDURE

    A. Either party may demand such arbitration in writing within 30 days after the controversy arises, which demand shall include the name of the arbitrator appointed by the party demanding arbitration, together with a statement of the matter in controversy.
    B. Within 45 days after such demand, the other party shall name arbitrator, or in default of such naming, such arbitrator shall be named by the Arbitration Committee of the American Arbitration Association, and the two arbitrators so selected shall name a third arbitrator within 30 days or, in lieu of such agreement on a third arbitrator by the two arbitrators so appointed, a third arbitrator shall be appointed by the Arbitration Committee of the American Arbitration Association.
    C. The arbitration costs and expenses of each party shall be borne to the party enacting the claim.
    D. The arbitration hearing shall be held in Orlando, Florida on 30 days' notice to the parties.
    E. The arbitration rules and procedures of C.A.A.A shall be used in the arbitration hearing and the law of evidence of the State of Florida shall govern the presentation of evidence at such hearing.
    F. The arbitration hearing shall be concluded within 60 days unless otherwise ordered by the arbitrators, and the award on the hearing shall be made within 30 days after the close of the submission of evidence.
    G. An award rendered by a majority of the arbitrators appointed under this agreement shall be final and binding on all parties to the proceeding during the period of this agreement, and judgment on such award may be entered by either party in the highest court, state or federal, having jurisdiction.

    SECTION THREE:
    AGREEMENT AS BAR TO SUIT

    A. The provisions of this agreement shall be a complete defense to any suit, action, or proceeding instituted in any federal, state, or local court or before any administrative tribunal with respect to any controversy or dispute arising during the period of this agreement and which is arbitral as set forth in this agreement.
    B. The arbitration provisions of this agreement shall, with respect to such controversy or dispute, survive the termination or expiration of all PrimeOptic.net Services.

    SECTION FOUR:
    LACK OF ARBITRATORS' AUTHORITY TO MODIFY AGREEMENT

    Nothing contained in this agreement shall be deemed to give the arbitrators any authority, power, or right to alter, change, amend, modify, add to, or subtract from any of the provisions of PrimeOptic.net services.

    SECTION FIVE:
    GOVERNING LAW

    It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. County, of Orange.

    SECTION SIX:
    ENTIRE AGREEMENT

    This agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement.

    SECTION SEVEN:
    MODIFICATION OF AGREEMENT

    Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party.

    SECTION EIGHT:
    NOTICES

    Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this agreement.

    This policy is subject to change at anytime, it is your responsibility to check this page often for updates and changes.
    Policy Updated: 09/02/2011