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Summary | Warranty Disclaimer | Limitation of Liability | Indemnification | Age Limit | Sexually Explicit Materials | Prohibited Uses | Messaging | Fraudulent Content | Terms of Payment | Right to Cancel | No Confidentiality | Customer Information | Non-transferable | No System Backup | Failure to Comply | Miscellaneous

Summary:

Warranty Disclaimer - ProBiz Hosting does not warrant services out of our control.

Limitation of Liability - We are not liable financially or legally when you mess up.

Indemnification - You agree to notify us in writing when you feel we haven't lived up to our end of the deal. You also agree to sit down and talk it over before pursuing legal action. (Let us make it right!)

Age Limit - You must be 18 years old to enter into service with ProBiz Hosting.

Sexually Explicit Materials - We do not offer services to "Adult Content Providers" and the definition of such is at our discretion. When in doubt - ask!

Prohibited Use - You may not use your hosting account or email addresses for illegal activities. If you do, we'll shut off your services without refund.

Messaging - ProBiz Hosting does not support spammers.

Fraudulent Content - If you want to use your hosting account to commit fraud find another provider.

Terms of Payment

Invoices are sent by email, 20 days in advance of your next payment date.

Payment is due in full and in advance. Any account 15 days late will be subject to suspension until payment is made. $25 fee will be charged for restoration of services.

We accept payment by echeck or credit card through PayPal.com.

Right to Cancel - ProBiz Hosting may cancel your service for any violation of this agreement.

You also may cancel your service in writing. Prepaid services, deposits and set-up fees are non-refundable.

No Confidentiality - Information on the Internet in general is not confidential. ProBiz Hosting can not and shall not guarantee privacy or protection.

Customer Information - We do not sell, lend or rent your information to 3rd parties unless specifically instructed by you, in writing, to do so.

Non-transferable - Your account with ProBiz Hosting is nontransferable. A new account must be set up with the new owners of your web site.

No System Backup - You are responsible for backing up your web site and email files. While we do everything we can to maintain the data, we are not liable for loss of content for your web site and services. As a practical matter we recommend backing up files whenever you edit your content.

Failure to Comply - If we are forced to suspend your account due to any violation of this agreement any consequences due to this suspension will be your responsibility.

Miscellaneous - This section includes several important details including:

• connection to our servers
• notification of address change
• contract enforcement

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Terms of Service

ProBiz Hosting agrees to provide you, ("The User") with those services ("Service") set forth on the subject to The User's compliance with the terms and conditions below.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, 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 MAY NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.

ProBiz Hosting exercises no control whatsoever over the content of the information passing through ProBiz Hosting' system. Use of any information obtained via ProBiz Hosting is at User's risk. Neither ProBiz Hosting nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does ProBiz Hosting make any warranty as to the results from use of the Service.

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, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY ProBiz Hosting, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER ProBiz Hosting NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. Top of Page

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ProBiz Hosting, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S 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, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT ProBiz Hosting IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, ProBiz Hosting's LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of ProBiz Hosting in operating the Service, User's sole and exclusive remedy is to discontinue using the Service. Top of Page

Indemnification

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold ProBiz Hosting, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by ProBiz Hosting, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify ProBiz Hosting in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. The User and ProBiz Hosting shall confer as to and agree on the legal counsel(s) to be selected in any such defense. Top of Page

Age Limit

User represents to ProBiz Hosting that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. ProBiz Hosting has no control over and accepts no responsibility whatsoever for such materials. We do not host web sites with "adult content". Top of Page

Prohibited Uses

User may not:

• restrict or inhibit any other user from using and enjoying the Internet;

• post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, 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, national or international law, including without limitation the U.S. export control laws and regulations;

• post on webspace provided any sexually explicit materials or materials that may be offensive. **If you feel you have a need for service that you feel MAY fall into this arena, please contact us prior to subscribing.

• post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm 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);

• upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;

• upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;

• send unsolicited advertising or promotional materials to other network users (See section titled "MESSAGING");

• allow users to run Maillist, Listserv or any form of auto-responds from The User's account;

• violate any of the rules, regulations and policies of those networks and computer systems accessed via User's account.

• ProBiz Hosting has no obligation to monitor the Service. However, User agrees that ProBiz Hosting has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. ProBiz Hosting will not intentionally monitor or disclose any private E-mail message unless required by law. ProBiz Hosting reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. ProBiz Hosting reserves the right to suspend access to the Service for The User's account. The account's suspension may be rescinded within the sole and absolute discretion of ProBiz Hosting following payment of a reconnection charge, to be determined by ProBiz Hosting in its sole and absolute discretion. Top of Page

Messaging

User agrees to limit their use of the ProBiz Hosting service, specifically regarding the use of ProBiz Hosting's electronic (email) services, to the following restrictions:

Unauthorized Use of Relay Servers

User agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing

User agrees that the purposeful distribution of any email message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the ProBiz Hosting service. Top of Page

Fraudulent Content

User agrees to be held responsible for the distribution of fraudulent materials.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. ProBiz Hosting RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF ProBiz Hosting SERVICES FOR VIOLATION OF ANY OF THESE TERMS. The User also understands that other legal remedies may also be pursued for denial of service or violations of other Federal or Local or International laws. Top of Page

Terms of Payment

All web hosting, websites and email services are pre-paid only.

Payment is due in full and in advance. Any account 5 days late will be subject to suspension until payment is made. $25 fee will be charged for restoration of services. Sites suspended for non-payment will be deleted after 30 days.

We accept payment by check or credit card through PayPal.com Subscription Services.

ProBiz Hosting maintains the right to terminate Service for any unpaid subscriptions. Termination of Service shall not relieve The User from the obligation to satisfy outstanding invoices. In the event ProBiz Hosting utilizes an attorney to collect any unpaid amounts, The User shall be responsible for the payment of all of ProBiz Hosting's attorneys' fees and costs in the collection of these sums.

ProBiz Hosting reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription. Top of Page

Right to Cancel

ProBiz Hosting reserves the right to cancel Service for any reason without prior notice. Pre-paid service is non-refundable. ProBiz Hosting will not refund any shipping or handling fees. Cancellations after the first of the month will be charged for that month.

User must notify ProBiz Hosting via email or in writing to cancel Service. Pre-paid fees and subscriptions including any setup, shipping and handling, and monthly service charges placed by ProBiz Hosting are non-refundable.

No Confidentiality

Information transmitted through ProBiz Hosting and through the Internet in general is not confidential. ProBiz Hosting can not and shall not guarantee privacy or protection of any User. ProBiz Hosting reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of ProBiz Hosting. Top of Page

Customer Information

ProBiz Hosting does not sell, lend or rent your information to third parties unless specifically instructed by you, in writing, to do so and unless required by court order, subpoena or other legal request, or upon the advice of counsel.

Non-transferable

The right to use the Service is not transferable. Accounts are for The User's use only. User shall be responsible for the confidentiality of The User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law. Top of Page

No System Backup

ProBiz Hosting is not required to does not and will not perform system backups on any User's E-mail and or hosting account(s). ProBiz Hosting shall not be held responsible for any lost data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, ProBiz Hosting will not provide historical data, to any party for any reason, regarding any system or Internet activity.

ProBiz Hosting is not required to perform system backups on any User's  web site account(s). ProBiz Hosting shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, ProBiz Hosting will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Failure to Comply With Terms and Conditions

ProBiz Hosting may deny The User access to all or part of the Service without notice if The User engages in any conduct or activities that ProBiz Hosting in its sole discretion believes violates any of the terms and conditions in this Agreement. If ProBiz Hosting denies The User access to the Service because of such a violation, User shall have not right (1) to access through ProBiz Hosting any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to The User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through ProBiz Hosting, and ProBiz Hosting shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. Top of Page

Miscellaneous

User agrees to remain signed into the network only when actually making use of same, and to disconnect when idle for significant periods of time (more than 10 minutes). User also agrees to not remain connected to ProBiz Hosting's system for periods exceeding (8) eight hours, in any single continuous session. User authorizes ProBiz Hosting to enforce these restrictions by appropriate software and network measures, automated and manual.

User agrees to notify ProBiz Hosting if The User moves or otherwise changes his or her email, mailing address or phone number, and to list a truthful name, postal address and telephone number on the information The User supplies to ProBiz Hosting.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

ProBiz Hosting's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

ProBiz Hosting may modify this Agreement from time to time by placing a notice of such modification on their web site., and The User's continued use of the Service following notice of such modification shall be deemed to be The User's acceptance of any such modification. It is The User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If The User does not agree to any modification of this Agreement, The User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska or other State designated by ProBiz Hosting as it may be affected by this agreement without regard to its conflicts of law provisions. Any cause of action The User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

ProBiz Hosting shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, upstream providers, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of ProBiz Hosting.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming ProBiz Hosting as the defendant, shall be proper only in a venue determined by ProBiz Hosting.

In any action between ProBiz Hosting and The User to enforce any of the terms of this Agreement, ProBiz Hosting shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between The User and ProBiz Hosting with respect to the Service. Top of Page