The term “Service” refers to the website ProPages (.com,
.ch, .net) whose intended use is to provide software tools for managing information.
The term “Subscriber” refers to the individual or entity that provided registration information and purchased use of Services.
The term “User” refers to individuals or entities, whose user-accounts were defined by the Subscriber, and are granted access to Subscriber’s data.
The term “You” or “Your” refers to the Subscriber and all Users.
The term “We” or “Us” refers to ProPages, its owners, administrators, affiliates, and/or assignees. See “Index” for the definition of other terms, including but not limited to, “Account,” “Support,” “Login,” “Password,” etc.
If You do not agree with the terms of this Agreement, exit the website immediately and do not make any other use of the Services.
The Services, software, down-loads, trademarks, graphics, documentation, and any other content contained within ProPages is the sole property of ProPages and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All data entered by You via the Service, belongs to the Subscriber. We claim no intellectual property rights over the material that You enter. Although We own the programs, databases, and all rights to theProPages application, you retain all rights to your data.
As part of the registration process, you will select an Account and/or User name. Although we will make every effort to assign you the names that you select, We reserve the right, at our sole discretion, to reject any of your choices. Reasons may include, but are not limited to, (1) a name has been previously assigned to another user, or (2) we deem a name to be offensive, or (3) you select or use a name of another person with the intent to impersonate that person, or (4) use a name which another person has rights, without such person’s authorization.
A login and password is required for every User account. The Subscriber is
responsible for creating and maintaining all User logins and passwords.
The length and format of the Login and Passwords are determined by ProPages using generally accepted industry standards.
You are entirely responsible for maintaining the confidentially of Your logins and passwords.
ProPages, in its sole discretion, may terminate, cancel, suspend,
limit, discontinue, and/or deactivate (temporarily or permanently) all or any part of the Services.
The Subscriber may cancel at any time by going to the “Quit” option on the “Subscribe” page.
Termination of the Service, by either party, for any reason, will result in the deactivation and/or deletion of your Account and/or access to your Account, and the forfeiture and relinquishment of all Content in your Account.
All of your Content will be immediately deleted from the Service upon termination. This Content cannot be recovered once your Account is terminated.
You may use Down-Load options provided by the Service to copy your Content to other options before Termination and deletion of your Account.
The Service is billed in advance on a monthly basis and is non-refundable.
You must have a valid credit card on-file at the time of recurring billing, or make arrangements to pay in advance via wire transfer or other payment method that is deemed acceptable by ProPages. If, in the sole discretion of ProPages, your payment is not (1) received in full; (2) via an acceptable method; and (3) in a timely manner, then your Account is subject to Termination.
There will be no refunds for partial months, or downgrades.
To use the Services, You must obtain and pay any fees for access to the World Wide Web and provide all equipment necessary to make such connection.
Prices of all Services are subject to change upon thirty (30) day notice from Us. Notification of price increases will be posted on the Website, and/or mailed to the email address on-file for the Subscriber.
Storage space is currently provided in accordance with the Price List in effect at the time, as updated from time to time. It may be impossible to store some data due to space constraints. You agree that We are not responsible or liable for any insufficient storage capacity or the deletion or failure to store data.
If your bandwidth exceeds 500MB per month, or your usage significantly exceeds that of the average User (as determined solely by ProPages), We reserve the right to immediately disable, or throttle, your Account until you can reduce your bandwidth consumption.
SUBSCRIBER UNDERSTAND AND AGREE THAT THE SERVICES, AND ANY ASSOCIATED SOFTWARE, ARE
PROVIDED“AS IS” AND “AS AVAILABLE.
ProPages EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ProPages MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION,
MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, THE SITE, OR THAT THE SERVICES WILL MEET ANY SUBSCRIBING ORGANIZATION OR MEMBER REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES AND THE SITE ARE AT THE SUBSCRIBING ORGANIZATION’S AND/OR MEMBER’S SOLE RISK. THE SUBSCRIBING ORGANIZATION AND ITS MEMBERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE SUBSCRIBING ORGANIZATION, THE
MEMBER, THE SITE, AND ANY LINKED SITES RESULTING FROM THE USE OF SUCH SERVICES OR WEBSITE.
Because some states and jurisdictions do not allow limitations on implied warranties, the above limitation may not apply to either the Subscribing Organization or the Member. In that event, such warranties are limited to the minimum warranty scope and period allowed by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILLProPages, ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, SPONSORS, PARTNERS,
SUPPLIERS OR AFFILIATES BE LIABLE FOR ANYSPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESSINFORMATION, PROCUREMENT OF
SUBSTITUTE GOODS AND/OR SERVICES, OR ANY OTHER PECUNIARY LOSS) INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF, OR RESULTING FROM THE USE OF OR INABILITY TO USETHE SERVICES, THE SITE, OR ASSOCIATED SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY
OTHER LEGAL THEORY, EVEN IFProPages HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ProPages’s MAXIMUM CUMULATIVE LIABILITY AND THE SUBSCRIBING ORGANIZATION’S AND ITS MEMBERS’
EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE SUBSCRIBING ORGANIZATION FOR THE
SUBSCRIPTION SERVICES (EXCLUDING ANY PER USE OR PROFESSIONAL SERVICE FEES) IN THE PREVIOUS 12 MONTHS EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation may not apply to either the Subscribing Organization or its Members.
The Subscriber agrees, to the extent allowed under federal law, to indemnify and hold ProPages, or its parents, subsidiaries, affiliates, officers, employees, sponsors and partners harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys’ fees, arising directly or indirectly out of (a) the Subscriber’s use of or connection to the Services, (b) information transmitted or stored by the Subscriber through the Service, (c) activities in connection therewith, or (d) the Subscriber’s breach of this Agreement or violation of the rights of any other party.
Neither party may assign or delegate their respective obligations under this Agreement either in whole or in part, without the prior written consent of the other party.
Venue is the location where a case will be heard. Any legal action against ProPages or its Subscribers or Affiliates will be governed under the laws of The Republic of Cyprus, and are to be brought in the Courts of The Republic of Cyprus, and are to be construed under the laws of that jurisdiction.
The waiver of any one breach, default or right granted under this Agreement will not constitute the waiver of any subsequent breach, default or right granted. Any provision of this Agreement held to be illegal or unenforceable will be deemed amended to conform to applicable laws or regulations, or if it cannot be so amended without materially altering the intention of the parties, it will be stricken and the remainder of this Agreement will continue in full force and effect.