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

1. Provision of Service: Acceptance of this TOS Agreement and Acceptance of Pragma's Acceptable Use Policy:
Pragma's provision of service to Subscriber, and Subscriber's acceptance and use of said service, constitute Subscriber's acceptance of, and agreement to, this TOS Agreement as well as Subscriber's acceptance of, and agreement to, Pragma's Acceptable Use Policy ("Pragma'S AUP") -- which is herewith made a part of this TOS Agreement. This TOS Agreement, including Pragma'S AUP, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties.

2. Cancellation of Service:
Pragma reserves the right to cancel this TOS Agreement and to permanently disconnect the service that Pragma provides to Subscriber hereunder at anytime without further obligation. Subscriber may cancel this TOS Agreement and the service that Pragma provides to Subscriber hereunder by requesting cancellation via opening a help ticket through the helpdesk at https://pragmaservers.com at least fourteen (14) days prior to Subscriber's next monthly billing date. Pragma will not honor notice of cancellation by any other means of communication. Subscriber must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective. It is Subscriber's responsibility to separately confirm that Pragma has timely received notice of requested cancellation, and Subscriber must make arrangements to pick up any server computer that it owns for removal from Pragma's facility.

3. Disconnection of Service:
Not by way of limitation of Pragma's right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that Pragma provides to Subscriber, Pragma also reserves the right to temporarily disconnect (suspend) the service that Pragma provides to Subscriber (or any one of them, if Subscriber has more than one account or server):
For Subscriber's failure to timely pay any fee or amount due to Pragma, in which case Pragma will first send Subscriber an email indicating that Subscriber's account is overdue and advising Subscriber that the service that Pragma provides to Subscriber may be terminated if payment is not made within 72 hours; and/or
If Pragma determines, in its sole judgment, that Subscriber is in violation of this TOS Agreement (which includes Pragma's AUP), and Pragma believes that Subscriber can timely and appropriately cure said violation. If, in Pragma's sole discretion, a potential violation is detected, the service (including all services on all server computers of Subscriber, if Subscriber uses more than one) that Pragma provides to Subscriber may be terminated, without notice to Subscriber, until Pragma's investigation is complete, which investigation Pragma shall attempt to complete within a reasonable time period.
Subscriber will not be credited, under any circumstances, for any time that the service that Pragma provides to Subscriber is suspended, interrupted or terminated.

4. Pragma Not Obligated To Review Activities or Notify of Violations:
Pragma is under no obligation to review Subscriber's and/or any of Subscriber's Sub-User's (the term "Subscriber's Sub-User" is defined below) activities to determine if a violation of this TOS Agreement (which includes Pragma's AUP) has occurred. Further, Pragma does not assume any responsibility by virtue of this TOS Agreement (which includes Pragma's AUP) to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.

5. Amendment:
Pragma reserves the right to amend, and may amend, from time to time, within its sole discretion, the terms and conditions of this TOS Agreement (including Pragma's AUP). Pragma will provide notice of such amendment(s) by posting such amendment(s) on Pragma's website, and Subscriber's use of Pragma's services after Pragma posts such amendment(s) on its website shall constitute Subscriber's acceptance of any/all such amendments. Amendment(s) shall not constitute grounds for Subscriber's early cancellation of this TOS Agreement or the service, nor grounds for Subscriber's non-payment for the service that Pragma provides to Subscriber after the effective date of such amendment(s), and Subscriber shall continue to be bound by the terms and conditions of this TOS Agreement, as amended, for any service provided by Pragma to Subscriber thereafter. It is Subscriber's responsibility to review, from time to time, this TOS Agreement (including Pragma's AUP), as published on Pragma's website, for any amendment(s).

6. Assignment:
Subscriber may not transfer or assign this TOS Agreement without the prior written consent of Pragma. Pragma may transfer and assign this TOS Agreement, the Service and all of Pragma's rights, titles and interests thereunder at any time without consent from or notice to Subscriber.

7. Waiver:
Waiver by Pragma of Subscriber's breach of any term or condition of this TOS Agreement (including Pragma's AUP) shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other term or condition of this TOS Agreement (including Pragma's AUP).

8. Compliance with law:
Inasmuch as the service that Pragma provides to Subscriber is controlled and operated by Pragma from its facilities in the United States, Subscriber shall comply with all U.S. local, state, federal and national laws, statutes, ordinances and regulations that apply to Subscriber's use of the service that Pragma provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscriber's use of the service that Pragma provides to Subscriber.

9. Choice of Law / Jurisdiction / Venue / Statute of Limitations:
This TOS Agreement shall be construed in all respects in accordance with the laws of the state of Illinois applicable to contracts enforceable in that state. By entering into this TOS Agreement and accepting and using Pragma's services hereunder, Subscriber submits to jurisdiction and venue in the courts of Cook County, Illinois, for any dispute(s) related to or rising out of this TOS Agreement. Notwithstanding any contrary provision of law, any claim or cause of action arising out of this TOS Agreement and/or related to the service that Pragma provides, or is to provide, to Subscriber must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10. Responsibilities:
Subscriber Shall Defend and Indemnify Pragma: Subscriber shall fully defend, indemnify, pay and hold harmless Pragma and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such Pragma related parties collectively referred to under this Section 10.A. as "Pragma-related party") for any Subscriber violation(s) of this TOS Agreement (which includes Pragma's AUP) and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber (collectively referred to as a "Subscriber's Sub-User"), that results in any loss, damage, cost or expense to Pragma or an Pragma-related party, or in any claim made or threatened against Pragma or an Pragma-related party by any third-party. If Pragma or an Pragma-related party is sued (or if a suit is threatened against Pragma or an Pragma-related party) because of Subscriber's or a Subscriber's Sub-User's act or omission, Subscriber shall pay any and all damages awarded against Pragma and any Pragma-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of Pragma's and any Pragma-related party's expenses and costs (including Pragma's and any Pragma-related party's reasonable attorneys' fees) related thereto;

Pragma Not Liable: The service that Pragma provides to, or is to provide to, Subscriber is provided on an "as is" and "as available" basis, and Subscriber's use of said service is at Subscriber's sole risk. In no case shall Pragma or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to:
Subscriber's or Subscriber's Sub-Users' use or inability to use the service (whether from Service Faults or otherwise) that Pragma provides to, or is to provide to, Subscriber;
Any destruction, damage, taking, unavailability or other loss of Subscriber's or any Subscriber's Sub-User's system, server or data;
The cost to procure any substitute service;
Any unauthorized access or use of Subscriber's account; or Any third party conduct or other matter relating to the service;

Content Responsibility: Pragma takes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via email, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscriber's server computer (or any server computer internally assigned to Subscriber) at Pragma's premises and/or using the service that Pragma provides to Subscriber;

Subscriber's Responsibility to Enforce: It is Subscriber's responsibility to ensure that Subscriber and all of Subscriber's Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (including Pragma's AUP), and Subscriber is, and will be held, responsible for Subscriber's acts and omissions and for the acts and omissions of Subscriber's Sub-Users related thereto. It is in Subscriber's best interest to implement a similar policy of acceptable use and compliance among Subscriber's Sub-Users;

Subscriber's Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber's Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and Pragma shall not be responsible or accountable for, any/all activities that occur on or through Subscriber's service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that Pragma provides to Subscriber;

Subscriber's Responsibility to Backup System/Data – Deletion of System/Data: Pragma is not responsible for, and Subscriber is solely responsible for, backing up Subscriber's system/data, including any/all system/data of any Subscriber's Sub-User, related to Subscriber's server computer (or any server computer internally assigned to Subscriber) at Pragma's premises and/or to the service that Pragma provides to Subscriber. Any server computer owned by Subscriber on Pragma's premises or otherwise under Pragma's possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, Pragma will delete any and all Subscriber and Subscriber's Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, Pragma will delete any and all Subscriber and Subscriber's Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.;

Taxes: All prices and fees specified in or referred to in this TOS are stated exclusive of any tax, including withholding tax, sales, state. local, city, use, value added, levies, import and custom duties, excise or other similar or equivalent taxes imposed on the supply of services. Any taxes, sales, state, local, city use, levies, excise, withholding taxes or similar charges, direct or indirect, applicable or to become applicable, which are levied as a result of the supply of the services shall be borne by the Customer.

11. Subscriber Contact Information, Updates & ID:
Subscriber shall, at https://pragmaservers.com/clientarea.php, provide Pragma Servers with, and shall update Pragma Servers immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that Pragma Servers may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement. In addition, Subscriber agrees to provide photo identification to Pragma Servers prior to Subscriber's preliminary visit, if any, to Pragma Servers's data center.

12. Age/ Legal Authority:
If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement to subscribe to the service that Pragma provides to Subscriber, and Subscriber herewith assures Pragma that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures Pragma that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service Pragma provides to Subscriber.

13. Payment Information:
Pragma will invoice Subscriber 10 days in advance of their official due date of their account. Subscriber agrees that as long as account is active, Subscriber will maintain a good standing balance with Pragma, and will pay before or on the due date of invoice.
If Subscriber has not paid by the account due date, Subscriber's server will be shut down and Subscriber will receive another invoice. If Subscriber account is not paid after 72 hours of the due date payment has not been received, Pragma, at its descration, will terminate the customers service(s).
Payment Method:
We accept Paypal & Credit card as our only available ways to purchase.
Refund & Money Back Policy
Our special offer packages are covered by a 3 day money back guarantee. We offer full refunds if our special offer packages do not deliver our services as per the invoice when you place your order. Add-on's and upgraded prices (additional disks, ram, upgrading bandwidth, windows licences, etc.) are not covered by this money back policy.

14. Service and Support:
Support & Support Boundaries: Within Pragma's field of service and ability, Pragma offers 24 hours/day x 7 days/week technical support to Subscriber, except during a few holidays and company meetings when we temporarily close our facility. Subscriber's server computer(s) housed at Pragma's facility is(are) unmanaged, and Pragma offers only that the service provided by Pragma to Subscriber's server computer(s) is online and remotely accessible. Pragma does not offer technical support for application-specific issues, and Pragma shall not provide technical support to Subscriber's Sub-Users. Subscriber should contact Pragma by opening a help ticket with the support desk for technical assistance.

Service Faults / No Pragma Liability / No Warranty: Pragma does not guarantee that the service that Pragma provides, or is to provide, to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively "Service Faults"). As a reminder of, and not as a limitation of, Pragma's limitation of liability under Section 10.B. above, in no case shall Pragma or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to the following:

Subscriber's or Subscriber's Sub-Users' use or inability to use the service (whether from Service Faults or otherwise) that Pragma provides to, or is to provide to, Subscriber,
Any destruction, damage, taking, unavailability or other loss of Subscriber's or any Subscriber's Sub-User's system, server or data,
The cost to procure any substitute service,
Any unauthorized access or use of Subscriber's account or
Any third-party conduct or other matter relating to the service.

Pragma AND ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS AND LICENSORS HEREWITH EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REQUEST OR ADVICE FROM SUBSCRIBER TO Pragma, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S NETWORK AND SYSTEM AND FOR ANY LOSSES THAT RESULT FROM SUBSCRIBER'S USE OF, OR INABILITY TO USE, THE SERVICE THAT Pragma PROVIDES, OR IS TO PROVIDE, TO SUBSCRIBER;

Facility Access: Visits to Pragma's facility must be scheduled at least twenty-four (24) hours prior to the visit. Should Subscriber need emergency access to Subscriber's server computer, Subscriber must contact Pragma technical support and request access at least fifteen (15) minutes prior to the emergency visit. Subscriber shall pay any/all related charges (such as for a security pass, property pass, time and assistance provided by Pragma, etc.). and Subscriber shall submit a photo ID for Pragma's records prior to Subscriber's initial visit to Pragma's facility. Guided tours for prospective clients (non-subscribers) are permitted, at the sole discretion of Pragma, only during regular business hours, Monday-Friday, and should be scheduled at least twenty-four (24) hours in advance;

IP Address Allocation / Ownership: If Pragma assigns Subscriber an Internet Protocol ("IP") address and/or number(s) for Subscriber's use, the right to use that IP address/number shall belong solely to Pragma, and Subscriber shall have no right to use that IP address/number except as permitted by Pragma in its sole discretion in connection with the services provided by Pragma to Subscriber during the term of this TOS Agreement. Pragma shall maintain and control ownership of all IP addresses and numbers that may be assigned to Subscriber by Pragma, and Pragma reserves the right to change or remove any and all such IP addresses/numbers, in its sole and absolute discretion. Pragma's allocation of IP addresses/numbers is limited by the policies, as they exist from time to time, of the American Registry for Internet Numbers ("ARIN"), including policies providing that the use of IP addresses or numbers for IP-based virtual hosts are not acceptable as justification for new IP addresses or numbers. Pursuant to ARIN's policies, as they exist from time to time, Subscriber must use name-based hosting whenever possible. Pragma will periodically review IP address usage, and if Pragma finds that Subscriber and/or Subscriber's Sub-Users are using IP addresses or numbers where name-based hosting could be used, Pragma will revoke authorization for the use of those IP addresses/numbers. All IP addresses/numbers that are allocated to Subscriber must be utilized within forty-eight (48) hours of allocation, otherwise Pragma may retract said unused IP address or number without prior notification to Subscriber.
Services usage must be reasonable. Customer may not put excessive burdens on our servers or other resources provided by Pragma. Customer may be asked to pay additional fee(s) going forward for excessive bandwidth, power consumption or technical service usages to avoid disruption or termination of services.

15. Unauthorized Use of Account:
Subscriber shall not reveal Subscriber's account information to anyone, Subscriber shall protect and maintain the confidentiality and security of Subscriber's account, Subscriber shall not use anyone else's account, and Subscriber shall immediately notify Pragma of any unauthorized use of Subscriber's account or any other breach of security. Subscriber is solely responsible and accountable for, and Pragma shall not be responsible or accountable for, any/all activities that occur on or through Subscriber's account, including any and all acts or omissions by, or attributable to, any third party, using the service that Pragma provides to Subscriber.

16. Disclosure of Subscriber's Information to Law Enforcement and to Third Parties:
Subscriber herewith acknowledges and agrees that the Pragma may disclose any and all Subscriber information, including, but not limited to, Subscriber contact information, assigned IP addresses/numbers, account history, account use, etc., to any law enforcement agent who requests it, without further consent or notification to Subscriber. In addition, as may be allowed by ARIN policies from time to time, Pragma will provide any third party with Subscriber contact information (including the name, telephone number, email address and other contact information of Subscriber). Pragma shall apply the terms of this section to any/all of Subscriber's Sub-Users, and Subscriber shall notify all of Subscriber's Sub-Users of these terms,

17. SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE):
DO NOT SPAM FROM YOUR ACCOUNT. Subscriber may not use or permit others to use the service that Pragma provides to Subscriber to transmit (including by email, uploading, posting or other transmission), originate, pass through or otherwise transact any SPAM, UCE and/or UBE. Violations of this policy carry, as well as possible suspension or cancellation of service, additional penalties and/or remedies, including, but not limited to:
Pragma reserves the right to drop the section of any IP space involved in any SPAM/ UCE/ UBE or Denial of Service (DOS) complaints if Pragma determines, in its sole discretion, that the offending activity is causing, or may cause, harm to other parties on the Internet (particularly if open relays are on Subscriber's network or on a Subscriber's Sub-User's network, or if DOS attacks are originating from Subscriber's network);
Subscriber will pay "Research Fees" of $175.00 per hour to compensate Pragma for employee time spent investigating Subscriber's violation. Pragma reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated violation;
First violations of Pragma's SPAM/ UCE/ UBE policy will result in an "Administrative Fee" of $250.00; a second violation will result in an "Administrative Fee" of $500.00, and immediate cancellation of Subscriber's service; and
Pragma may notify law enforcement officials if the violation is believed to be a criminal offense;
Pragma's remedies are cumulative and they may be exercised concurrently or separately at any time.
Lack of action by Pragma with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;

IMPORTANT NOTICE:
A Subscriber hosting websites or services on Subscriber's server computer supporting spammers or resulting in any of Pragma's IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected. Such suspended service will not be reconnected until such time that Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection, and agrees to allow Pragma access to its server computer(s) to confirm that all material has been COMPLETELY removed.

Because Subscriber is ultimately responsible for the actions and omissions of Subscriber's Sub-Users, it is advisable that Subscriber develop a similar policy for its Sub-Users.

18. Compliance with Pragma'S AUP:
Pragma's AUP is an integral part of this TOS Agreement, and Subscriber agrees to comply with Pragma's AUP, and to take reasonable steps to ensure that Subscriber's Sub-Users comply with Pragma's AUP at all times. Pragma's AUP applies to Subscriber and to each/all of Subscriber's Sub-Users and to each/all server computer, network, device and/or system under Subscriber's control or assigned to Subscriber related to the service Pragma provides to Subscriber. Subscriber is, and will be held, responsible and accountable for any and all activity and/or omission by, or attributable to, any third party directly or indirectly using or benefiting from Pragma's services that violates any of the terms of Pragma's AUP;

Pragma reserves the right to investigate actual, suspected or alleged violations of Pragma's AUP, which includes the right to access data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber. Pragma shall not be in default of this TOS Agreement if Pragma's investigation causes Subscriber to incur downtime or requires the sequestering of all or a portion of the Subscriber's server computers;

Pragma may involve, and cooperate with, law enforcement authorities in investigating and/or prosecuting Subscriber and/or Subscriber's Sub-Users who are involved in any violation of Pragma's AUP. Subscriber shall assist Pragma to comply with all laws, ordinances, regulations and rules related to the service Pragma provides to Subscriber. Subscriber shall cooperate and comply with any/all civil or criminal investigations regarding activity through, and data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber, including, without limitation, discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity (each an "Investigation"). Without limiting any other right of Pragma, Pragma reserves the right to comply with any Investigation without notice to Subscriber;

Without limiting Pragma's right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that Pragma provides to Subscriber, Pragma may also, in its sole discretion, take any one or more of the following remedies for a violation of Pragma's AUP:
Disable access to Subscriber's content that violates Pragma's AUP;
Remove DNS records from Subscriber's server computer(s);
Block email or any other network services;
Effect IP address null routing;
Take direct action against Subscriber's Sub-Users;
Charge Subscriber for remedial actions, and recover any and all expenses from Subscriber in connection with any violation of Pragma's AUP attributable to Subscriber.
Pragma's remedies are cumulative and they may be exercised concurrently or separately at any time.
Lack of action by Pragma with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;

19. IRC:
We allow IRC services on our network.

20. Pragma's Remedies Cumulative / No Waiver:
Pragma's remedies under this TOS Agreement are cumulative, and they may be exercised concurrently or separately at any time. Lack of action by Pragma with respect to any remedy shall not serve as a waiver of that or any other remedy at any time

21. Pragma's Trademarks:
All trademarks, service marks, logos, product names and service names of Pragma comprise the trademarks of Pragma, and Subscriber shall not, and shall not allow any third party to, display or use in any manner said trademarks without Pragma's prior written permission.