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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:

  1. Restrict or inhibit any other user from using and enjoying the Internet;
  2. 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;
  3. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
  4. 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, P.O. Box 903 Syracuse, NY 13201 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.