Terms of service

DEFINITIONS

Proofpix - Proofpix.com and its owners, shareholders, affiliates, partners, employees, successors, and assigns.

You(r) - You or any company, person, or organization you represent.

Media - Any Image, Film, Video, Illustration, Animation, Audio, Text or any other item.

Referral - Any person, organization or company that You refer to Proofpix who successfully registers and pays in full and indicates to Proofpix that You referred them.

Web Site(s) - Any electronic files contained on any of Proofpix's publicly available servers and accessed via the Internet under any URL (An Internet World Wide Web address) hosted by Proofpix.

Default - Any payment owed to Proofpix that it or its reseller(s) or payment providers could not obtained on time.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PROOFPIX. BY PRESSING THE BUTTON LABELED "REGISTER", "SIGN-UP", "LOG IN" OR "BUY NOW" ON THE PROOFPIX WEB PAGE YOU AGREE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND ACKNOWLEDGE TO BE BOUND BY THE THEM. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT PROCEED. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER OR PEOPLE THAT YOU REPRESENT, THE RIGHTS AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER, OR THE PEOPLE THAT YOU REPRESENT, AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER OR THE PEOPLE THAT YOU REPRESENT. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER OR WITH THE PEOPLE THAT YOU REPRESENT, YOUR EMPLOYER OR THE PEOPLE THAT YOU REPRESENT WILL CONTINUE TO OPERATE UNDER THIS AGREEMENT.


1. WEB SITES

A. You agree that Proofpix can suspend, cancel, or remove any part of Your Web Site at any time if You do not abide by the provisions within this agreement. And furthermore, You agree that Proofpix is not responsible for compensating You on any remaining time that You may have paid for should this happen.

B. Proofpix agrees to take all reasonable efforts to keep technical difficulties to a minimum, however You agree that Proofpix is not responsible for compensating You in any way for technical difficulties, errors, omissions or other problems that may result in Your Web Site, Email or any product or service Proofpix provides being unavailable, off-line or seemingly dysfunctional. Furthermore, You agree to NOT hold Proofpix responsible for any financial losses or incurred damages by You or Your customers that may arise from using any of Proofpix's products or services.

C. You agree that all information You present and all Media You display in Your Web Site(s) is Your own responsibility and that Proofpix is not responsible for it in any capacity, including but not limited to Media that infringes on copyrights, model rights or property owners' rights. You further agree to compensate Proofpix for any and all legal, court and damages fees that Proofpix may have to pay as a result of displaying any Media that appears in Your Web Site(s).

D. You agree to not display any pornographic, liable or slanderous Media in Your Web Site(s).

E. You agree that Proofpix is not responsible for, nor guarantees that any other technology, services, plug-ins or software will work with Proofpix websites services. Furthermore, should You use any other technology, service, plug-in or software in combination with the services and software provided by Proofpix and it is determined that these break, slow down, compromise security or otherwise disrupt Proofpix's service offerings, You agree that Proofpix can remove or have You remove said technology, service, plug-in or software as soon as Proofpix deems necessary.


2. DOMAIN NAMES

A. You agree that Proofpix has the right to modify or cancel any sub-domain that it provides to you at any time witout compensation or warning.


3. EMAIL

A. You agree to never send unsolicited email using Proofpix's system or services. You also agree to respect any recipient's request to not receive emails from You. Furthermore, You agree that Proofpix can suspend Your email privileges or Website(s) at anytime without compensation if Proofpix determines that You are abusing Proofpix's email system or services.


4. BILLING

A. Proofpix agrees to refund any payments it receives with the following exceptions and conditions:

B. You agree that Proofpix can suspend your site from being viewed or prevent you from making additions or changes to your site if your account is in Default.

C. You agree that Proofpix is not responsible for any additional fees your bank or credit card company may charge You.

D. You aknowledge and agree to purchase Proofpix services from a reseller called 2Checkout.com should Proofpix choose to resell its services via this channel.


5. FAIR USAGE

A. Proofpix offers hosting packages with high-limit or unlimited amounts of disk space and/or other resources, such as bandwidth transfer, email or FTP accounts. You acknowledge that these resource allotments are optimized and dedicated towards serving Media and is not to be used as a storage area for electronic files that are not related to your Web Site or as a provisioning service for any 3rd party. All files stored with our service must be available for download via an HTML document stored in a publicly accessible area and must be directly related to the general nature of the Website(s).

B. The following (including but not limited to), is NOT PERMITTED:

C. Having high-limit or unlimited access to resources does not mean, that You can use Your hosting in such a way that it negatively affects the server operation, for illegal purposes or in any way that violates applicable legislation.

D. You agree that, "Fair Usage", as it pertains specifically to accounts who have the unlimited disk space feature is as follows:

E. You also acknowledge that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. You agree that server technology limits the amount of available resources for use, including but not limited to disk drive space, CPU processing power, memory and access speed. You furthermore acknowledge that all provided services are of a shared-server nature and other users are sharing the provided space. Customer accounts are placed on a server with up to thousands of other users. Proofpix along with many other hosting providers use this business model in order to offer web hosting services at affordable rates. Unlimited resource packages are designed to meet the typical needs of small business and home business Web Site(s). It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.

F. You acknowledge that any single account is entitled to utilize the server resources, within reason, up to what is allotted or by what is physically available. If resources become scarce, Proofpix reserves the right to limit Your usage to preserve the effectiveness of the service for all users. If You are in extreme excess of what the average users of the machine have in use (actually used) of their resource allotments, You acknowledge that You may be asked to remove content or cut resource usage. This policy only applies to Web Sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space, bandwidth or CPU processing power utilization. Web Sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Proofpix.

G. If a "Fair Usage" breach occurs, whose determination is solely up to Proofpix, Proofpix may have to remove files from or reduce access to Your account to an extent as determined by Proofpix, in order to restore full serviceability to other subscribers affected by the breach. In any case, You will be notified of any actions that Proofpix may have to take.

H. In order to ensure a consistent and quality experience for all subscribers, Proofpix does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Proofpix can evaluate said sites resource needs. Proofpix reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negative impact other subscribers.


6. COMMUNICATION

A. You agree that Proofpix may contact You via email or telephone to inform You about the following:

B. You agree that Proofpix may include promotional messages in renewal notices only.

C. Proofpix agrees to respect Your wishes regarding additional promotional advertising which You may control within Your Settings section of the Proofpix control panel.


7. AGREEMENT

A. Proofpix has the right to alter this agreement at anytime so long as You have been notified within 1 day of doing so. You will continue to act under the old agreement for a period of 15 days. If You do not make objections to the new agreement in writing or by email within 15 days from the date of notification, Your silence will be an indication that You have accepted to act under the new agreement.

If You are unsure of Your usage rights under this license agreement contact Proofpix.com.

Published on April 2, 2017.