1.   Acceptance of Terms
2.   Description of Service and Responsibility
3.   Modifications to Service
4.   Fees and Payments
5.   Registration and Account Creation
6.   Non-Transferability of Subscription
7.   Subscription, Renewal and Cancellation
8.   Sponsors, Third Parties, and Advertisers
9.   Links
10. Disclaimer of Warranties
11. Limitation of Liability
12. Trademark Information
13. Non-Waiver
14. Violations
15. Indemnification
16. Letters to the Company or Other Such Comments or Materials
17. Privacy
18. Restrictions on Use
19. Refusal or Discontinuance of Service
20. Choice of Law and Forum

1. Acceptance of Terms
Below is a list of Pro Gamer Hosting's (PGH) company policies. This Terms of Service (TOS) agreement is provided to give you a basic understanding of the responsibilities of all parties regarding the uses of any service provided by PGH. Please note that this information is subject to change without notice. It is the user's responsibility to ensure that they have read and understand the latest TOS agreement. Your use of the PGH web site and services constitutes your agreement to all such terms, conditions, policies, notices, and restrictions.

2. Description of Service and Responsibility
PGH's responsibility to you is to provide users with the finest access to its services. PGH also takes great pride in providing you with high degree of quality from our customer support staff. We monitor our systems to ensure that they are running within acceptable guidelines and that they are available to subscribers. We ask that should you find service unavailable, please contact info@progamerhosting.com to resolve the problem as quickly as possible.

Your Responsibility is to ensure that your server/web site is up and running. You must notify PGH if your server/web site is down or having problems. You must ensure that your server/web site abides by all terms and conditions set forth by this TOS agreement. There may be additional charges to restore your server to an operational state.

You are responsible for obtaining access to your service and you understand that access may involve third party fees (such as Internet Service Provider, airtime charges or phone charges.) You are responsible for payment of any and all of these fees. In addition, you are responsible for providing all equipment necessary to access your service.

You are responsible for ensuring that your servers do not exceed the maximum limit of concurrent users, based upon your subscription level or that your web site does not exceed its monthly allotted bandwidth/hard disk space. PGH reserves the right to inspect all servers/web sites to ensure that this policy is enforced. Should PGH find you in violation of this policy, PGH reserves the right to suspend or cancel your service and to impose additional fees related to excess usage and abuse.

It is your responsibility to ensure that you have read, understand, and agree to the latest TOS agreement. Failure to comply with the TOS can result in immediate cancellation of your account.

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

PGH may change, add or remove any part of this TOS, or any other terms associated with the use of the site or service at any time by posting a notice of such changes to the TOS page of the Web site. Any changes shall become part of the TOS and shall apply as soon as such a notice is posted. By continuing to use PGH after the notice is posted, you are indicating your acceptance of those changes.

4. Fees and Payments
PGH charges fees for access to services. In order to use these services you are required to register and create an account via the Web Site. You agree to pay all fees and charges, including applicable taxes, through your account at the rates in effect for the billing period in which such fees and charges are incurred. PGH reserves the right to change the amount of, or basis for determining, any fees, and to institute new fees.

All sales are final. PGH has NO REFUND POLICY. Once you submit your order for service it is non-refundable. Only in cases of fraud will a payment be refunded.

In order to set up an account with PGH, you must provide PGH with valid a credit card, valid PayPal account information, a valid check, money order, or cashiers check. By submitting such credit card or PayPal information, you give PGH permission to charge all fees incurred through your account to the credit card or PayPal account you designate on the Registration Form. All fees, other than renewal fees, will be charged at the time they are incurred.

Your right to use PGH services is subject to any restrictions established by PGH or by your credit card or PayPal account issuer. If payment cannot be charged to your credit card or PayPal account, or your payment is returned to PGH for any reason, including charge back, PGH reserves the right to either suspend or terminate your account and all its obligations under this agreement.

If you have reason to believe that your account is no longer secure, you must promptly change your password and notify PGH of the problem by giving notice via email to support@progamerhosting.com.

Prices are subject to change without notice at anytime. You are guaranteed the price that was in effect at the time your subscription was ordered. This price will remain in effect until you cancel or change your subscription or you are notified by PGH.

Payment Failure -- Every possible attempt will be made to contact you regarding a failed payment to our services. Within a few days of your 1st payment failure, both our online billing system and Paypal will automatically try to re-process your payment. Upon the 2nd payment failure, your service will be shutdown. If we do not hear from you within 24 hours after that, your server/web site information will be deleted and your account will be closed.

5. Registration and Account Creation
As part of the ordering/registration process, you are required to provide current and accurate information. Should this information change you are required to notify PGH by email at info@progamerhosting.com, or update your account in your control panel. It is your responsibility for maintaining the confidentiality of your account information.

6. Non-Transferability of Subscription
Subscriptions may not under any circumstances be transferred in anyway to another third party. Should ownership of a subscription need to change, the current subscription needs to be canceled and a new subscription ordered. Should the ownership of a web site change, a new subscription must be made before the web site and its domain may be transferred. Once the transfer is complete, the old subscription may be terminated.

7. Subscription, Renewal and Cancellation
Unless notified via email within TEN (10) days of your next billing cycle, your payment method will continue to be charged on a monthly basis. Refunds are not offered on subscription services. Should you cancel your service, you will have access to your account until the next billing cycle regardless of when you submitted your cancellation. PGH claims no responsibility for accounting errors older than sixty (60) days.

8. Sponsors, Third Parties, and Advertisers
PGH claims no responsibility for your business dealing with sponsors, third parties, and advertisers found on any PGH web site or service. All such business transactions will remain the sole domain of yourself and the third party. You agree that PGH maintains no liability for any loss or damage that may result from such a business transaction.

9. Links
PGH may at times provide links to web sites outside of PGH's control. PGH claims no responsibility for the accuracy or content of these links. You agree that PGH maintains no liability for any loss or damage that may result from use of these links.

10. Disclaimer of Warranties
You understand and agree that any service provided is provided "as is" and "as available". PGH makes no warranties of any kind regarding any service provided. PGH makes no claim that any service provided will meet your requirements, will be uninterrupted, timely, secure, or error-free. No information obtained from a third party is endorsed by PGH and remains the responsibility of the third party providing the information.

11. Limitation of Liability
You expressly understand and agree that PGH shall not be liable 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.

12. Trademark Information
All materials on this site ("Online Materials"), including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the service are protected by copyrights and other intellectual property rights owned and controlled by PGH or by other parties that have licensed their material to PGH. Except as specifically provided herein, no Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Online Material, to defeat security features, or to utilize this site for other than its intended purposes is prohibited.

PGH and other PGH logos and product and service names are trademarks of Pro Gamer Hosting. All other trademarks appearing on the site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that PGH is an information and service site and that references to other names and trademarks are necessary in the course of providing downloads, news, and commentary about the subjects that this site covers. PGH will enforce its intellectual property rights to the fullest extent of the law.

If you suspect that PGH's content or trademarks are being misused please contact support@progamerhosting.com as soon as possible.

13. Non-Waiver
Failure of PGH to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

14. Violations
Please report any violations for the TOS to us at info@progamerhosting.com.

15. Indemnification
You agree to indemnify, defend and hold PGH harmless from any claims and expenses, including reasonable attorney's fees, arising from or related to any breach by you of any terms of this agreement.

16. Letters to the Company or Other Such Comments or Materials
Any correspondence to PGH shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless explicitly stated in the correspondence that the correspondence is not for publication or public distribution. All such correspondence may be distributed, published, and edited.

17. Privacy
You can read PGH's privacy statement by clicking the privacy link at the bottem of the page.

18. Restrictions on Use
You may not use PGH or its services for any illegal purpose or in any manner inconsistent with these Terms of Service. You agree to use PGH solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.

It is against PGH's policy for you to utilize our services for adult entertainment purposes. This includes but is not limited to, sexual content of any sort on our site or through the use of any of our services uploading modifications to games containing adult content, etc.

19. Refusal or Discontinuance of Service
PGH reserves the right to refuse or discontinue service to any user for non-compliance with these Terms of Service.

20. Choice of Law and Forum
This Agreement will be governed by the laws of the State of Hawaii. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Hawaii and you agree to personal jurisdiction by the state and federal courts residing in Honolulu County, Hawaii. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions and agree to submit to binding arbitration.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.