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Proxurve.com >> Terms of Use

This Terms of Use, also known as Acceptable Use Policy, specifies the actions prohibited by Proxurve Solutions, Inc., to users of Proxurve Solutions, Inc., Internet services. Proxurve Solutions, Inc., reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this web site. Proxurve Solutions, Inc., reserves the right to suspend or cancel a customer's access to any or all services provided by Proxurve Solutions, Inc., when we decided that the account has been inappropriately used.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Proxurve Solutions, Inc., may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice

Proxurve Solutions, Inc., does not want to receive confidential or proprietary information from you through our web site. Please note that any information or material sent to Proxurve Solutions, Inc., will be deemed NOT to be confidential. By sending Proxurve Solutions, Inc., any information or material, you grant Proxurve Solutions, Inc., an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Proxurve Solutions, Inc., is free to use any ideas, concepts, how-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Proxurve Solutions, Inc., makes no representations whatsoever about any other web site which you may access through this one. When you access a non-Proxurve web site, please understand that it is independent from Proxurve Solutions, Inc., and that Proxurve Solutions, Inc., has no control over the content on that web site. In addition, a link to a non-Proxurve web site does not mean that Proxurve Solutions, Inc., endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, trojans, and other items of a destructive nature.

IN NO EVENT SHALL PROXURVE SOLUTIONS, INC., BE LIABLE TO ANY PARTY OR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Illegal Use
Proxurve Solutions, Inc., Internet services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

System and Network Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Proxurve Solutions, Inc., will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Possible actions include warnings, account suspension or revocation, and civil or criminal legal action, depending on the seriousness of the offense. Examples of system or network security violations include, without limitation, the following:

- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

- Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.

- Forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.

Unsolicited Email (Spam)
Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's email server to relay email without the express permission of the site.

Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.

Sending a message, especially an advertisement, to more than five (5) or six (6) recipients, is by definition spamming, unless the individuals have specifically requested to be added to a mailing list on that topic. Email is a person-to-person medium, not a broadcast medium. No refunds will be issued if a customer's account is terminated for spam.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A PROXURVE SOLUTIONS, INC., CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

Complaints regarding Illegal Use or System or Network Security issues should be sent to abuse@proxurve.com

Complaints regarding email abuse or SPAM should be sent to abuse@proxurve.com

Abuse of SMTP Service
We do not allow customers to send email attachments in excess of 15Mb (megabytes), or to send email messages to more than 50 recipients in a single SMTP session. Any attempt to circumvent or bypass these limits will be construed as a security violation and could result in the termination of the customer's account.

Payment Policies
All accounts are expected to pay by the due date on each invoice received. Any account not brought current within one week (7 days) of an email notice, or exceeding this time frame in any way, is subject to suspension. If a service is suspended, a reconnect fee will be due prior to reinstating service. The reconnect fee depends on the type of services provided to customer but will not exceed $100.

Setup fees and major account change fees are nonrefundable. All pricing for termed based billing is guaranteed for the term of the agreement. Proxurve Solutions, Inc., reserves the right to change prices at any time, unless other terms have been agreed upon.. The customer is responsible for all monies owed on the account from the time it was established to the time that the customer notifies Proxurve Solutions, Inc., in writing, requesting termination of services. Monthly service charges are not prorated at cancellation; full month fees paid in advance will be refunded, partial month fee's will not. All payment is in US currency.

Cancellation
Proxurve Solutions, Inc., reserves the right to cancel service at any time. Monthly service charges are not prorated at cancellation; full month fees paid in advance will be refunded, partial month fee's will not. Any violation of policies which results in extra costs will be billed to the customer.

Lawful Purpose
Proxurve Solutions, Inc., reserves the right to refuse service to anyone for any reason at any time. Customers may only use Proxurve Solutions, Inc., services for lawful purpose. Transmission of any material in violation of any federal, state, or local regulation is strictly prohibited. The includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as described above is left entirely to the discretion of Proxurve Solutions, Inc., management. Regardless of the place of signing of this agreement, the customer agrees that for purposes of venue, this contract was entered into in Marion County, Indiana, and any dispute will be litigated or arbitrated in Marion County, Indiana.

Indemnification
Customer agrees that it shall defend, indemnify, save, and hold Proxurve Solutions, Inc., harmless from any and all demands, liabilities, lossees, costs and claims, including reasonable attorney's fees asserted against Proxurve Solutions, Inc., its agents, customers, officers and employees, that may arise or result from any service provided, performed, or agreed to be performed, or any product sold by custeomer, its agents, employees, or assigns. Customer agrees to defend, indemnify, and hold harmless Proxurve Solutions, Inc., against liabilities arising out of: (1) any injury to person or property caused by products sold or otherwise distributed in connection with Proxurve Solutions, Inc., services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from an Proxurve Solutions, Inc., server.

Disclaimer
Proxurve Solutions, Inc., will not be responsible for any damages any business entity may suffer. Proxurve Solutions, Inc., makes no warranties of any kind, expressed or implied, for services Proxurve Solutions, Inc., provides. Proxurve Solutions, Inc., disclaims any warranty or merchantability or fitness for a particular purpose. This includes the loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Proxurve Solutions, Inc., or its employees. Proxurve Solutions, Inc., reserves the right to revise its policy at any time without advance notice.

For Further Information
If you require further information regarding our terms and conditions, please feel free to contact us by emailing support@proxurve.com