ProZ.com Hosting Terms of Service
ProZ.com provides web hosting services to full members in good standing. User accounts in our hosting system are subject to compliance with the terms and conditions
set forth below. Under the terms of this agreement, your placement of
information on ProZ.com's
servers is an acknowledgement that you have read and
understood this agreement, and that you agree to be bound by the terms
and conditions below. If you do not wish to be bound by these terms and
conditions, you should not proceed to place any information of any kind
on ProZ.com's
servers.
1. USER CONDUCT
ProZ.com's
services may only be used for lawful purposes.
Any use of these services which violates any local, state, federal, or
international laws which may apply to ProZ.com,
your local jurisdiction, or any
jurisdiction that you or your site may be subject to is strictly
prohibited.
While using the service, you may not:
- Restrict or inhibit any other user from using and enjoying the
Internet;
- Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, offensive, indecent, pornographic, profane, or
otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability, or
otherwise violate any local, state, federal or international law,
including without limitation the U.S. export control laws and regulations,
and laws protecting intellectual property including copyright, trademark,
trade secret, misappropriation and anti-dilution laws;
- Post, publish, transmit, reproduce or distribute any information
or software which contains a virus or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way exploit
any information, software, or other material obtained through the service
for commercial purposes (other than as expressly permitted by the provider
of such information, software, or other material);
2. DOMAIN REGISTRATION AGREEMENTS
ProZ.com is an authorized domain reseller for OpenSRS/Tucows.com. When you register a domain name through ProZ.com or transfer an existing domain to ProZ.com, you agree to be bound by Exhibit A of the Tucows Registration Agreement.
In the case of .BIZ domain names, you agree to be bound by Exhibit A of the Tucows .BIZ Registration Agreement.
In the case of .UK domain names, you agree to be bound by Exhibit A of the Tucows .UK Registration Agreement and by the Nominet Registration Agreement.
In the event of a dispute over ownership of a domain name, you agree to be bound by the ICANN Uniform Dispute Resolution Policy (UDRP).
3. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ProZ.com
from any and all liability, penalties, losses, damages, costs, expenses,
attorneys' fees, causes of action or claims caused by or resulting
indirectly from your use of the service which damages either you,
ProZ.com,
or any other party or parties without limitation or exception. This
indemnification and hold harmless agreement extends to all issues
associated with your account, including but not limited to domain name
selection and Web site content.
4. NO WARRANTIES
ProZ.com
makes no warranties or
representations of any kind for the services
being offered. The service is provided on an "as is" and
"as available" basis without warranties of any kind, either
express or implied, including but not limited to warranties of title,
noninfringement, or implied warranties of merchantability or fitness for a
particular purpose.
No advice or information given by ProZ.com
or its agents or
employees shall create a warranty.
ProZ.com
provides no warranty that the
service will be uninterrupted or error free or that any information,
software or other material accessible on the service is free from viruses
or other harmful components.
Under no circumstances shall ProZ.com
be liable for
any direct, indirect, special, punitive, or consequential damages that
result in any way from your use of or inability to use the service, or for
third parties' use of the service to access your Web space, or to access
the Internet or any part thereof, or your or any third parties' reliance on
or use of information, services, or merchandise provided on or through the
service, or that result from mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation or transmission, or any
failure of performance. If you are dissatisfied with
ProZ.com
service or any of
its terms, conditions, rules, policies, guidelines, or practices, your sole
and exclusive remedy is to discontinue using the service.
You understand that by placing information on
ProZ.com's
servers that such
information becomes available to all Internet users and that
ProZ.com
has no way
of limiting or restricting access to such information or protecting such
information from copyright infringement. You assume total responsibility
and risk for your use of
ProZ.com's
servers and the Internet. It is solely your
responsibility to evaluate the accuracy, completeness, and usefulness of
all opinions, advice, services and other information, and the quality and
merchantability of all merchandise provided through
ProZ.com
or on the Internet generally.
5. REFUSAL OR DISCONTINUANCE OF SERVICE
ProZ.com
reserves the right to refuse or
discontinue service to anyone at
ProZ.com's
sole discretion.
ProZ.com
may deny you access to all or
part of the service
without notice if you engage in any conduct or activities
that ProZ.com
in its
sole discretion believes violates any of the terms and conditions in this
agreement. ProZ.com
shall have no responsibility
to notify any third-party
providers of services, merchandise, or information, nor any responsibility
for any consequences resulting from such discontinuance or lack of
notification. You agree that ProZ.com
has the right to monitor the service
electronically from time to time and to disclose any information as
necessary to satisfy the law, or to protect itself or its
subscribers. ProZ.com
reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are
unacceptable, undesirable, or in violation of this agreement.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this
account, are at least 18 years of age.
You agree to supply ProZ.com
with a
current and truthful name, postal address and telephone number for our
records, and you have a continued obligation to keep this information
current. You also agree that you are an authorized user of any credit card
that you supply to us and agree that we have an obligation to fully
investigate any possible fraudulent credit card use.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper
operation of the system, including but not limited to defeating
identification procedures, obtaining access beyond that which you are
authorized for, and impairing the availability, reliability, or quality of
service for other customers. You further agree not to interfere with the
proper operation of other systems reachable through the Internet, including
any attempt at unauthorized access. You agree to follow the Acceptable Use
Policy of any network or service you connect to.
You agree to adhere to system policies as published online by
ProZ.com,
including
restrictions on services available with each account type, restrictions on
certain features, and all other policies designed to protect and enhance
the quality and reliability of service at ProZ.com.
You agree to abide by any
and all future ProZ.com
policy decisions.
8. SECURITY
You agree that the security of your account is solely your own
responsibility. You further agree that if you believe the security of your
account has been compromised in any way, you will notify
ProZ.com
immediately either by submitting a support request at http://www.proz.com/support
or by writing
to ProZ.com,
2509 James Street P.O. Box 323
Syracuse, NY 13206-9277
USA.
You shall be held fully responsible for any misuse or compromise to
your account for which ProZ.com is not properly notified. You
agree not to provide or share access to your account to any third
party, and that you are responsible for any use of your account by any
party to whom such access has been provided. You agree that certain
features of your account (e.g., FrontPage webs, additional FTP logins)
which may be used to provide shared access to your account are not to
be used to resell services to third parties, and that you are
responsible for the actions of any party which utilizes those
features. You agree that if any security violations are believed to
have occurred in association with your account, ProZ.com
has the right to suspend access to the
account pending an
investigation and resolution. You also agree that ProZ.com
has the right to
cooperate in any government or legal investigation regarding any aspect of
our services, including services sold to you. Any use of our system to
engage in software piracy or other violations of law will result in account
suspension and will be immediately reported to the appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk.
ProZ.com
is not responsible for
files and 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
ProZ.com
servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other
harassing or illegal materials through electronic mail, Usenet postings,
or other Internet media. The use of ProZ.com
or any other
service with
reference to services obtained through ProZ.com,
for unsolicited mass mailings,
postings, or other activities considered an annoyance to others, commonly
referred to as "spamming" is strictly prohibited and may cause
your services to be terminated immediately and without warning and you will
be held fully responsible for any damages to you, ProZ.com,
or any other party or parties resulting from any such conduct.
11. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication
you may have had with ProZ.com
or any agent or
representative thereof, and
constitutes the complete and total agreement between the parties.
12. SEVERABILITY
If any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and effect
and said provision shall be reformed only to the extent necessary to make
it enforceable.
13. ACKNOWLEDGEMENT
By placing and continuing to maintain or place information on
ProZ.com's servers you
are stating and acknowledging that you have read the aforementioned terms
and conditions and that you understand such terms and conditions and agree
to be bound by them.
|