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EULA/AUP/Terms of Service


This is legal agreement, that is upheld to the full extent of the law. In all cases we try to keep things equitable for all parties involved. We are a Web 2.0 company and we are here to make considerable changes in the way technology works and is adopted. There are several parts of this agreement that are standard service agreements, we devote change in our agreement back to you. We believe that all Web 2.0 agreements should be mutual. We add new products, features, software and services programs all the time which makes this agreement a living document. Once you agree to these terms then you are bound to them as long as you remain a customer and you agree to the changes of these terms with or without notice. We reserve all rights within local, state and federal laws.

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.

End-User License Agreement

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.


Acceptable Use Policy

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.

Terms of Service
  1. All accounts are on annual agreements from one full calendar year of service based on the date of full account activation.
     
  2. You agree to our EULA, AUP, and TOS for as long as you are using our services, programs or tools.
     
  3. You account will be billed monthly service fees from your payment source provided. You agree to always keep funds available and updated payment information for the entire term of your service. In the event that your payment method were to fail you will have 3 days to provide an updated payment method with available funds. If you fail to provide this information within three days then we reserve the right to charge you a 21.99% APR finance charge on your monthly accumulative from your full annual balance. Accounts that are not properly reconciled are referred to collection and credit agencies for just action.
     
  4. Our core service software requires an agreement which you pay per month to maintain online service. If you add any items to your service plan at anytime during a term you must pay for that full moth of service. Such monthly fees are not limited to adding more web pages, adding more web forms, adding more web widgets, adding more private databases, adding more email accounts, adding more storage, etc... You may adjust these items every month, adding and removing such services; said adjustments will either decrease or increase your monthly fees and are required to be paid for the full month of activation.
     
  5. All service fees are final. All setup fees are final. If you cancel service with us early you are required to pay for your full year of service, a 3.9% credit card transaction fee and $25 dollars for your registered domain name. We are charged the transaction fees that our providers pose upon us when you registration, if you cancel you must absorb these fees. There are more fees that are associated with your account as well, we just ask that you pay these up front ones. Once this domain name is purchased you own it for one annual year and the law does not allow refunds on purchased domain names. You may sell your domain name and transfer it from ProNecticas. at anytime after you have paid the associated fees.
     
  6. We guarantee 99.95% uptime on all of our internal systems. If our hardware fails we will refund you 50% of your monthly service fee for 24 hours of complete failure, 75% of your monthly service fee for 72 hours of complete failure, and 100% of your monthly service fee for more than 120 hours of complete failure. Now, this is only applied to our hardware and does not guarantee the uptime of any hardware outside of our control. Our Internet provider, our data centers, your ISP, the powers companies, and telcos all have variable issues in which we are not responsible for those failures. This guarantee and refund guarantee does not cover such outages.
     
  7. We agree to contact you back within 24 hours of every support case submitted, rather it have a resolution or not. This contact will be by email, phone, or mail, you agree to respond within 24 hours of such contact. This is with the exceptions of weekends and some national holidays, personal emergencies, world disasters, or particulars of mother nature, in such cases either party is not generally not available, or unless other calendar times have been cited in communication. Although some teams are available over the weekends, our guarantees only cover the M-F work week in the United States of America.
     
  8. We agree to provide 24/7 hour, 365.25 day monitoring of all of our systems, email and websites for active service. We will also routinely backup our core systems, databases, configurations, and provide powerful security to our customers. We agree that we provide lots of redundancy to ensure the longevity of all of our products and services.
     
  9. We will never resell or share your personal information with anyone unless we are legally obligated to. We do not work with third parties companies in reselling data and would never compromise your information, resell or share that information for any reason. We also keep certain parts of your account private to different departments within our company preventing any type of internal data theft. We encrypt most of the data where needed with the highest encryption available. Your privacy and security is one of our top priorities.
     
  10. In the event that you decide to leave our services, you are allowed to take all of your data with you, without limitation. YOu can also take any media that you own or that you uploaded from your library. Generic free templates are excluded, you may not take those images with you.
  11. In the extreme rare or unseen event that ProNeticas should no longer be able to service your company, your account and platform service will be most likely be transferred to another agency where they will be required to honor all of your current pricing structure (commonly called a Grand Father clause). If no agency can take on such a role then ProNeticas will assist you, with complete instructions, on how to export an HTML version of your website, thus allowing it to be hosted anywhere. We reserve the ongoing privacy of our proprietary tools and under federal law we can retain those for overall production value versus account per capita. We will help you migrate all of your stored emails on our servers, with detailed instructions on how to move all of your emails to your local computers for backup.
  12. Free Accounts on the Power Platform are for demonstration purposes only and are available for 30 calendar days from the day that you receive the welcome email. After thirty calendar days you will be required to pay the signup fee and the monthly service fees in order to continue service on the Power Platform. If you choose not to continue into the Power Platform paid core service, then all of your account logins will be deactivated on the 31st day from the date that your demo account was activated. Your leads, marketing website, images, secure documents, e-mails, or any other data entered into the Power Platform, will without guarantee, be stored for 364 calendar days. On the 365th day all of the data related to the demo account will be deleted and there will be no chance to restore or reactivate that account. Although we intend to store your demo information for 365 calendar days, ProNeticas reserve all rights to completely remove demo accounts after 31 calendar days should it feel that account is no longer necessary in our platform.
     
  13. We provide extended services, like custom design, custom forms, custom applications, Internet Marketing and more. This TOS does not supersede those service and/or contract agreements with ProNecticas.
     
  14. Your computer information attached to this order is as follows: 38.107.179.230, CCBot/1.0 (+http://www.commoncrawl.org/bot.html)
     
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