This agreement will always be available at http://proneticas.com/eula-aup-tos.htm or by clicking the EULA/AUP links within our website. If you are a customer and an the internet version is not available to you then you may contact us for one free hard copy per account via USPS Registered mail. Additional mailings of the EULA are subject to a processing fee.
THESE AGREEMENTS
There are three agreements that our customers are subject to. The first
is the EULA, this means End-User License Agreement. We provide software and
services with your website, rather online, plugin, installed, or downloaded.
The EULA protects the software products, internet based services, web
services, and applications licensed for your use as a customer. The second
is the AUP, this means Acceptable Use Policy. Because we provide tools that
allow you to broadcast information to the public, this agreement protects us
from any illegal actions you may make having such access. The final is a TOS,
this means Terms Of Service. The TOS is our agreement together as a customer
and service provider, which covers fees, change of service, domain name
registration, cancellations
and our general agreement to you.
This End-User License Agreement ("EULA") is a legal
agreement between you (either an individual or organization) and ProNecticas, which includes website contents, code, databases,
libraries, or any part and its associated printed and online documentation
and will be referred to as ("software and services PRODUCTS"). In which the
term "software and services" includes everything to make a website or
program operate and "Products" are built by ProNecticas and owned original
work. By installing, downloading, copying, accessing, or otherwise using any
portion of the software and services products provided by ProNecticas, you
agree to be bound by the terms of this EULA. You further agree that the EULA
is the complete and exclusive statement of agreement between ProNecticas. and you and that this EULA supersedes any oral or written proposal,
agreement or other communication relating to the subject matter of this EULA.
You assume full responsibility for the use of the software and services
products provided by ProNecticas and agree to use the software and services
legally and responsibly. United States laws and California laws shall govern
this EULA. This EULA is deemed entered into by
all parties. If any provision of this EULA is declared unenforceable in any
jurisdiction, then such provision shall be deemed to be severable from this
EULA and shall not affect the remainder thereof. This EULA is bound to one
fully qualified domain name or as also referred to as FQDN hereafter.
WEBSITE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties protect the software and services
product provided by ProNecticas. The software and services product provided
by ProNecticas is licensed, not sold and is wholly owned by ProNecticas.
You are granted the use of the product and allowed access to service systems
and programs but bound to this EULA with all parties involved also bound to
this EULA as described herein.
GRANT OF LICENSE
ProNecticas reserves all rights not expressly granted in this EULA for the
company and the software and services products and services provided by
ProNecticas.
USAGE
You may use the software and services product provided by ProNecticas on a
single domain name or FQDN. You may point other domains using only a HTTP
301 Permanent redirect only to the original FQDN. The primary user of the
account for the software and services product provided by ProNecticas is
exclusive usable through regular computers such on a portable OR home
computer provided that the software and services not run to reverse engineer
or alter interior systems of ProNecticas.
Competitive Access Manner and Our Private Data
If you are attempting to access this back end to gather data for your own
personal development then you are not allowed to agree to these terms. Any
individual accessing our backend administration system is gaining access to
a NON PUBLIC system that includes private and very protected processes,
administration ideas, technologies and more. Your IP and connection
information is tracked for our real customers security and protection. We
state that any copying, making use of screen shot software, viewing the
source or viewing any area of our programs, systems, code, GUI, design, and
not limited to private support sites and private documentation is prohibited
unless you have legal written consent from ProNecticas.
SPECIFIC LIMITATIONS AND EXCLUSIONS
REVERSE ENGINEERING
You may not reverse engineer, debug, decompile, or disassemble the software
and services products provided by ProNecticas, except and only to the extent
that applicable law expressly permits such activity. All access to any
source, file, directory, database, environment is not available. We provide
a usable interface and services to customs certain portions of that program
but never allow any type of access to the inner working of our systems. We
protect our intellectual property to the full extent of applicable laws,
trice local, state and federal.
DERIVATIVE WORKS
You may not create derivative works based upon the software and services
product provided by ProNecticas and you may not use this software and
services to resell or profit from by reselling or fabricating the inner
workings of the software and services product provided by ProNecticas and
agree to not compete with ProNecticas and software and services products
provided by ProNecticas. You are using this software for its intended
purpose, agreed in a public forum, deriving from that use is illegal and
upheld to the full extent of the law.
RENTAL
You may not rent, lease, or lend the software and services product provided
by ProNecticas to any other person or organization without the written
consent of ProNecticas.
NON-COMPETE AGREEMENT
ProNecticas agrees to allow you to use this software and services solely for
the purpose for the original intent on one FQDN in which it will not be
sold, reused, resold, rent, leased or redistributed to other companies as
direct competition to ProNecticas or that may reuse the software and services
to compete with ProNecticas. You agree not to make use of this software and
services in competing for business with ProNecticas or lend in some form the
software and services products provided by ProNecticas to allow any other
individual or organization in use of this software and services to compete
with ProNecticas.
3rd PARTY DEVELOPMENT
Once you acess to your system, you may allow any 3rd party developers to
edit its different programs under this EULA agreement. Once you allow any
other individual or organization into the environment or whole part program
from the software and services products provided by ProNecticas or any part
and relation to the software and services products provided by ProNecticas
then these parties agree to this EULA.
TRADEMARKS
This EULA does not grant you any right to use any trademarks or service
marks of ProNecticas or the name of ProNecticas or its
products and or subsidiaries.
EXPORT
You acknowledge that the laws and regulations of the United States restrict
the export and re-export of the software and services products provided by
ProNecticas to restricted countries and agree not to export or re-export the
software and services products provided by ProNecticas to restricted
countries without the appropriate approval of the United States government.
LICENSE TRANSFER
You may not transfer this license to license to another company without the
written agreement from ProNecticas.
TERMINATION
Without prejudice to any other rights, ProNecticas. may terminate this
EULA if you fail to comply with the terms and conditions of this EULA. In
such event, you must destroy all copies of the products provided by
ProNecticas Tools and all of its component parts.
ProNecticas.’S COPYRIGHTS
ProNecticas Tools, Inc owns all title and copyrights in and to the software and
services products provided by ProNecticas Tools, the accompanying documentation and
any copies of the products provided by ProNecticas Tools.
LIMITED WARRANTY
ProNecticas. warrants that the products provided by ProNecticas Tools will
perform substantially in accordance with the accompanying written materials
for a period of active service from the date of purchase. ProNecticas.
will make a commercially reasonable effort within 15 days to solve any
problem issues no matter what the severity.
LIMITATION OF REMEDIES
ProNecticas.’s entire liability and your exclusive remedy shall be, at
ProNecticas.’s options specified in your original contract with ProNecticas at time of signup and these terms do not supersede any agreement
therein.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall
ProNecticas. or its suppliers be liable for any special, incidental, indirect,
or consequential damages whatsoever (including, without limitation, damages
for loss of business profits, business interruption, loss of savings, loss
of business information, or any other loss) arising out of the use of or
inability to use the software and services products provided by ProNecticas Tools,
even if ProNecticas. has been advised of the possibility of such
damages.
WEBSITE USAGE
Website usage is for its intended purposes. Although business practices
differ and us providing open systems provides areas where you control the
content and we provide the tools. You are allowed to place any content into
these programs with the exceptions of this AUP. The material in your site
may not contain material that contains racial references, defamation of
character, adult or sexual content, terrorist activity, illegal references,
illegal substance references, illegal content, content which you are not
licensed to, unlicensed works of art, unlicensed photography, unlicensed
media, content on minors without legal written consent from a legal guardian
and not limited to any type of content that is deemed unsuitable, publicly
inappropriate, or illegal by local, state, federal, national and
international laws. If you solicit business to China we suggest that you
seek legal advice on the specific rights.
EMAIL USAGE
We provide email accounts, email interfaces, POP3, IMAP, SMTP, SMTPS, POP3S,
IMAPS, web based email programs and several tools or services that send
email electronically rather it be an actual email interface or program that
sends email automatically. These tools are bound to this AUP and protected
by local, state, federal, and international laws to the full extent of those
laws. The material in your emails may not contain material that contains
racial references, defamation of character, adult or sexual content,
terrorist activity, illegal references, illegal substance references,
illegal content, content which you are not licensed to, unlicensed works of
art, unlicensed photography, unlicensed media, content on minors without
legal written consent from a legal guardian and not limited to any type of
content that is deemed unsuitable, publicly inappropriate, or legal by
local, state, federal, national and international laws. If you solicit
business to China we suggest that you seek legal advice on the specific
rights. You must always provide a legitimate reply to address, you must have
received your emails through opt-in locations, you must ensure that the
email contents contains an unsubscribe link. We will provide a unsubscribe
page to you as part of your website service, but this is only connected to
our local database, we are not responsible for external lists, or changed
lists within your administration programs. If you re-add that user after
they unsubscribe then you are liable for emailing them again. In some cases
you will purchase an email from another opt-in database in which you are
protected, but it is your responsibility to prove each opt-in address
retrieval location to any complaining parties.
SERVICE LIMITS
We provide the services and tools and are liable to maintain those for
available service. You are responsible for the action, content and material
of those programs to the full extent of the law. All of our programs have
service limits which you are bound to. In some cases we will allow you to
increase those limits either for free or for a fee. You agree to not abuse
these service limits, attempt to alter these service limits, or use these
service limits in such a way that it causes damage to our programs,
hardware, or company. You also agree not to hold ProNecticas Tools, inc liable for
any damages caused to you or others in the result of the user of our
services and tools.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall
ProNecticas. or its suppliers be liable for any special, incidental, indirect,
or consequential damages whatsoever (including, without limitation, damages
for loss of business profits, business interruption, loss of savings, loss
of business information, or any other loss) arising out of the use of or
inability to use the software and services products provided by ProNecticas Tools,
even if ProNecticas. has been advised of the possibility of such
damages. If you incur damages to ProNecticas. by abusing this AUP then
you can be held financial and legally liable, in which cases you can pay
large fines and or spend time in jail. We reserve our rights on all
applicable laws, protect our systems, our employees, customers and other
parties with this AUP. You are also liable to other members of ProNecticas. services or other parties that are in direct result of your abuse of
this AUP where there was just cause damage to those parties.
TERMINATION
Without prejudice to any other rights, ProNecticas. may terminate this
AUP if you fail to comply with the terms and conditions of this AUP. In
such event, you must destroy all copies of the products provided by
ProNecticas Tools and all of its component parts that you may have downloaded,
installed or used in conjunction with our internet systems.