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TERMS OF SERVICE DESCRIPTION OF SERVICE ProSite Technologies is Professional Business web site program. ProSite Tech. allows users to build and maintain a web site using automated online tools, by selecting from predetermined designs and options. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. BILLING You agree to pay the fees associated with this system according to your card issuer agreement. You agree to allow ProSite Technologies to charge the credit card you provide for all applicable fees relating to this service. Your credit card statement will list these transactions as issued by Prosite Tech. You agree not to attempt to reverse charges without first attempting to resolve your concerns with ProSite Technologies by email or telephone. MONTHLY BILLING You will be billed on a monthly basis for your site hosting and use of the system. Charges will occur each month between the 1st and 28th, approximately. It is your responsibility to make sure that you maintain current account and billing information in the ProSite Technologies system. You will be notified if your card is expired or is declined via the email you provide for use with this system. ProSite Technologies will attempt to retry declined cards once. If your card is declined more than one time, your account will be placed on hold. TERMINATION ProSite Technologies reserves the right to terminate this agreement at any time with or without cause, including your violation of the Terms of Service or failure to pay monthly fees within 60 days of the date they accrue. Termination does not release you from the obligation to pay all accrued charges. . You may terminate your account at any time by sending an email to support@prositetech.com. A support representative will contact you soon thereafter to confirm and complete the cancellation of your site. For the termination to be completed expeditiously your email should include your name, username, password the date you wish to cancel and your reason for cancellation. If you do not hear from a representative soon, please call support to complete your request. ProSite Technologies will not process a prorated refund for the remainder of the month on your current billing cycle. Your site will remain active until the end of your current billing cycle. Setup Fees are Non-Refundable. Hosting Fees are Non-Refundable after the first month of service. CANCELLATION OF 12 MONTH CONTRACT If you choose to terminate your annual contract prior to the last month of the contract, you will be issued a cancellation fee of $50.00 (per site hosted). AUTOMATIC RENEWAL 12 MONTH CONTRACT All 12 month contracts will be automatically renewed when the term is completed. Your new contract length and monthly price will be the same as the previous contract. You may exchange your new contract for a lesser or greater service without penalty for 30 days before or after the end of your contract. COMMUNICATION OF CHANGES IN MONTHLY FEES ProSite Technologies reserves the right to change the amount of the monthly fees charged in conjunction with this Service with 30 days prior notice. Monthly rate will not change until the term of your contract is completed. Any changes in fees will be communicated via the email you provide for use in conjunction with this Service. USER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. ProSite Technologies cannot and will not be liable for any loss or damage arising from your failure to comply with this section. USER CONDUCT You agree to not use the Service to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. SPAM/UCE POLICY Sending bulk unsolicited commercial email in relation to your site/system is prohibited. We realize that a certain number of complaints will arise due to the nature of opt-in mailings and other media purchased online. We work with our bandwidth providers on a regular basis to resolve these issues. We require that you inform your recipients that they are receiving opt-in mail and that you provide a clear method for them to unsubscribe in each message. Violation of the SPAM/UCE policy may result in the termination of your account. INDEMNITY You agree to indemnify and hold ProSite Technologies, 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, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. PROPRIETARY SOFTWARE You agree that you have no right or claim to the Service's code or technology. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by ProSite Technologies you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this Service , in whole or in part. NO WARRANTEES YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS BEING PROVIDED "AS IS, WITH ALL FAULTS," AND THAT PROSITE TECHNOLOGIES DOES NOT MAKE ANY REPRESEN TATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE USEFULNESS, ACCURACY, COMPLETENESS, FEASIBILITY OR RELIABILITY OR EFFECTIVENESS OF THE SERVICE OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Without limiting the previous statement, ProSite Technologies hereby disclaims all warranties of title, non-infringement, implied warranties of merchantability or fitness for a particular purpose in connection with the Service. IN NO EVENT SHALL PROSITE TECHNOLOGIES BE LIABLE FOR ANY FAILURE, DISRUPTION, DOWNTIME, INTERRUPTION, MISCALCULATION, INCORRECT LINKAGE, LOSS O F DATA, DELAY, INACCURACY OR OTHER NONPERFORMANCE OF THE SERVICE OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE SERVICE. You agree that regardless of the form of any claim you might have, your sole remedy with respect to any claims made against ProSite Technologies relating to this agreement shall be limited specifically to reimbursement of payments made for the services rendered under this agreement. ProSite Technologies may periodically make the system unavailable for routine maintenance, upgrades, or repairs without liability. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROSITE TECHNOLOGIES, ITS SUBSIDIERIES ITS EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR SUBCONTRACTORS SHA LL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DA MAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROSITE TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) DAMAGES RESULTING FROM A THIRD PARTY UNLAWFULLY ENTERING THE SUPPORTING WEB SERVER OR ON- LINE SYSTEM AND ACCESSING, ALTERING, OR DESTROYING DATA; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. CHANGES TO TERMS OF SERVICE Changes to billing procedures will be communicated via the email you provide for use with this Service. ProSite Technologies reserves the right to change any of the other sections of the Terms of Service without notice at any time. You may not make any modification to these terms that will be binding upon ProSite Technologies unless it is made in writing and signed by both parties. JURISDICTION AND AGREEMENT The TOS constitute the entire agreement between you and ProSite Technologies and governs your use of the Service. This agreement shall be governed by the substantive laws of the State of Illinois without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dupage, IL. These terms constitute the entire agreement with respect to its subject matter and supersede all prior or contemporaneous agreements, representations, warranties and understandings of such parties (whether oral or written). The failure of ProSite Technologies to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred
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