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Terms of use
1. Services and Conditions of Use:
Proma.net provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. In addition, when using particular Proma.net services, you and Proma.net 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 are hereby incorporated by reference into this Terms of Use. As part of our service, Proma.net agrees to provide you computer services that Proma.net may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, Proma.net may modify this Agreement at any time. You agree and continue to agree to use Proma.net services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement.
2. Your Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being 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 Proma.net has reasonable grounds to suspect that such information provided is untrue, inaccurate, not current or incomplete, Proma.net has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
3. Rules For Online Conduct for Proma.net Services
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Proma.net, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Proma.net 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, indecent or objectionable. Under no circumstances will Proma.net be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Proma.net official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit 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);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
h. upload, post, email or otherwise transmit 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;
i. 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;
Statements or postings that violate the above terms will be deleted from postings upon discovery. Depending on the nature of the violation, Proma.net at its sole discretion may terminate Customer's account.
4. Price and Payment
Customer agrees to pay all charges to Customer's account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Proma.net reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees or charges effective upon prior notice to Customers. Customer must provide Proma.net with valid credit card information.
Please Note: Proma.net will automatically renew and charge Customer's account as follows:
* Payment by credit card: monthly
* Payment by cheque or bank transfer: quarterly
The renewal charge shall be equal to the original customer signup price, unless otherwise notified in advance by Proma.net. Customer will have thirty (30) days before the date that any renewal fee is to be posted to Customer's charge account to notify Proma.net that he or she wishes to cancel his or her subscription. Proma.net will cancel Customer's account upon receipt of such notification.
Customer's right to use the service is subject to any limits established by Proma.net or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or Customer's charge is returned to Proma.net for any reason, Proma.net reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of Proma.net hereunder.
Proma.net agrees that it will terminate Customer's account upon notice from Customer. If Customer cancels a service, no refund for unused time on such service will be made. If Customer has a balance due on any Proma.net account, Customer agrees that Proma.net can charge these unpaid fees to their credit card.
Proma.net reserves the right to establish a credit limit for each Customer. If a Customer's account reaches the ceiling at any time, Customer agrees that Proma.net may immediately bill their credit card for all unpaid charges on account. Until further notice, the ceiling for each Customer shall be $100.
If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit or charge card number stored on the Service), Customer must promptly change Customer's password and notify Proma.net of the problem (by notice given as described in Section 9 below) to avoid possible liability for any unauthorized charges to Customer's account.
5. Non-Transferability of Membership
Proma.net grants to Customer a personal, non-exclusive, non-assignable and non-transferable license to use and display the Proma.net service on any machine(s) of which Customer is the primary User. Unauthorized copying of the content or duplication of software in any manner, including software that has been modified, merged or included with the software, or the written materials associated therewith is expressly forbidden. Customer acknowledges that Customer may not sublicense, transfer, sell or assign this license or software. Any attempt to sublicense, transfer, sell or assign the license is void.
6. Software Libraries and Copyrighted Materials
Only public domain software or graphics files or files where the owner has given express permission for online distribution may be posted to bulletin boards on the Service. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings:
Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods, services or material of a sexually explicitly nature, including photographs and text.
Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Service without the express permission of the author or owner of the copyright on the material. Customer acknowledges that only the owner or someone authorized by the owner to post the material may do so. Downloading of copyrighted material is allowed only for Customers' own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that Proma.net and/or third party content providers remain the owners of the posted materials, and that Customer does not acquire any of those ownership rights by downloading copyrighted materials.
7. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. PROMA.NETS SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE PROMA.NET SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, PROMA.NET DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT PROMA.NET IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER PROMA.NET NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
8. Trademarks
All trademarks appearing on the Service are trademarks of their respective owners.
9. Notice
Proma.net may give notice to Customers by means of a general notice on the Service, electronic mail to Customer's e-mail address on record in Proma.net's account information, or by written communication sent by first class mail to a Customer's address on record in Proma.net's account information. You may give notice to Proma.net (such notice shall be deemed given when received by Proma.net at any time by any of the following:
1. electronic mail to service@proma.net;
2. letter faxed to Proma.net at the following fax number: +1 508 448 7851;
3. letter delivered by first class postage prepaid mail or courier to Proma.net at the following address:
Proma.net Ltd.
Omar Hodge Building, Wickhams Cay I, P.O. Box 362
Road Town, Tortula, British Virgin Islands
10. Indemnification
Customer agrees to indemnify and hold Proma.net and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, 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 to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the terms of use, or your violation of any rights of another.
11. Termination Of Service
You agree that Proma.net, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Proma.net believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Proma.net may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Proma.net may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Proma.net shall not be liable to you or any third party for any termination of your access to the Service.
12. Choice Of Law
This Agreement shall be construed and controlled by the laws of the British Virgin Islands. Further, the laws of the British Virgin Islands will govern any dispute arising from the terms of this agreement or a breach of this Agreement. Customer agrees to personal jurisdiction by the courts of the British Virgin Islands.
13. Merger Clause
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Proma.net representatives and Customer. Proma.net may amend or modify this Agreement or impose new conditions at any time upon notice from Proma.net to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.
14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
It is the policy of Proma.net to respond to claims of intellectual property infringement. Proma.net will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Notifications of claimed copyright infringement must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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