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Net Solutions North America, LLC (dba, TechValleyHost.com or ProFusionWebsites.com or ProFusion Hosting) Hosting End-user License Agreement (EULA)
In consideration of the mutual promises herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. TERMS OF SERVICE. TechValleyHost.com (“TVH”) provides its email, site statistics and hosting services to the end user or subscriber (“you”, “your”), subject to the terms of service ("TOS") set out in this agreement, which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.techvalleyhost.com. In addition, when using particular TVH services, you are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
(a) Your payment obligations with regard to TVH services are as set out in your subscription application. Payments for hosting services include one of the following options: one (1) annual payment, four (4) quarterly payments or twelve (12) monthly payments.
(b) TVH currently provides users with access to hosting and email services with the functionality described in your subscription application (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that neither TVH nor its suppliers assume responsibility for the timeliness, deletion, misdelivery, non-delivery, failure to store or accurately store, any user communications, addresses or personalization settings.
(c) You are responsible for obtaining access to the Service and that access may involve fees to TVH or third party fees (such as Internet subscription services or airtime charges).
(d) You must provide and are responsible for all equipment necessary to access the Service.
3. CERTAIN SUBSCRIPTION OBLIGATIONS. You agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's subscription form ("Subscription Data"); and
(b) promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TVH or its suppliers have reasonable grounds to suspect this, TVH or its suppliers have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof), including any transition rights. TVH is concerned about the safety and privacy of all its users, particularly minors. For this reason, if you wish to allow anyone else access to the Service, you should assist them in setting up any relevant accounts and supervise their access to the Service. Allowing anyone access, means s/he will be able to access all components of the Service. As the subscriber, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below), which may be delivered to you, are appropriate for any person to whom you allow access.
4. TVH PRIVACY POLICY. Subscription Data and certain other information about you is subject to our Privacy Policy attached as Exhibit 1.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY. You may receive a password and account login designation upon completing the Service's subscription process. You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password or account. You agree to
(a) Immediately notify TVH of any unauthorized use of your password or account or any other breach of security, and (if applicable); and
(b) Exit (log out) from your account at the end of each session. TVH, and its suppliers, cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), transmitted over the Service, by you or others using your account are your responsibility. You, and not TVH, are entirely responsible for all content that you, or others to whom you provide access, send, post, or otherwise make available via the Service. TVH does not control the content made available via the Service and, as such, does not guarantee the accuracy, integrity, quality or appropriateness of such content for any particular viewer. By using the Service, you may be exposed to content that is offensive, indecent or objectionable, including spam, or which may contain viruses, and other destructive elements. Under no circumstances will TVH or its suppliers be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use or viewing of any content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use (or permit others to use) the Service to:
(a) send, post, email, transmit or otherwise make available (collectively “send”) any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(e) send any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, without limitation, inside information, proprietary and confidential information);
(f) send any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
You acknowledge receipt and acceptance of TVH’s hosting EULA by accessing your website admin control panel, use of TVH email, or accessing your TVH site statistics if provided by your subscription application.
Appendix 1
Privacy Policy
The following policy dictates the manner in which TechValleyHost.com, ProFusionWebsites.com and/or any other hosting arm of Net Solutions North America, LLC collects and uses information gathered from users of this (each, a "User").
Privacy
Users' privacy is extremely important to TechValleyHost.com and we are committed to safeguarding the information you entrust to us. TechValleyHost.com will not disclose information about customers or users without express permission unless the release of said information is required by government subpoena.
Information Collection Practices
TechValleyHost.com may collect personally identifiable information from Users in a variety of ways, including through online forms and other instances where Users are invited to volunteer such information. TechValleyHost.com may also collect information about how Users interact with our website. This information is obtained through analysis of server logs and through the use of "cookies" placed on user machines. A cookie is a piece of software that a Web server can store on a PC to identify the User should they visit the again. While not all of the information that we collect from Users is personally identifiable, it may be associated with personally identifiable information that Users provide us through our website.
Information Usage
TechValleyHost.com may use personally identifiable information collected through our website to contact Users regarding products and services offered by TechValleyHost.com and its trusted affiliates. TechValleyHost.com may also use information collected through our website for research regarding the effectiveness of the marketing, advertising and sales efforts of TechValleyHost.com, and its trusted affiliates.
Information Disclosure
TechValleyHost.com will not disclose information about customers or users without express permission unless the release of said information is required by a TechValleyHost.com trusted affiliate to facilitate action requested by the client, or is required by government subpoena. However, we may transfer information collected from Users in connection with a sale of TechValleyHost.com's, ProFusionWebsites.com or Net Solutions North America, LLC business.
Questions
Please contact us with any questions regarding the TechValleyHost.com, ProFusionWebsites.com or Net Solutions North America, LLC’s privacy policy by calling 1-888-439-8798 or email support@techvalleyhost.com or via US Mail at:
Net Solutions North America, LLC
2801 Meridian Street, Suite 201
Bellingham, WA 98225
USA.
ProFusion Products End User License Agreement
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