Terms of Service

SECURE EMAIL / WEB HOSTING AGREEMENT - 99.9% UPTIME GUARANTEE

30 DAY 100% MONEY BACK GUARANTEE:
I understand that if I sign up and pay for service but am unhappy, I can cancel within the first 30 days and get 100% refund.

1. Email Pros is in the business of providing secure encrypted email service, business class web hosting, and technical support for such services.

2. Client desires to use email services and web hosting provided by Email Pros for the term of one month ("month to month") from the deployment date. The deployment date shall be the date that clients' services are turned on, ("Service Start Date").

3. Email Pros shall provide basic services ("Email Services/ Web Hosting") to Client, which shall include hard disk storage space, database storage space, and bandwidth. If Client uses more than the allotted storage space or bandwidth, Client may be charged for excess storage space / bandwidth usage in excess of the commitment plan.

4. The total fee for Services and any other upgrades as picked by client from the internet shopping cart, are payable in advance of the start of service as required herein, and are charged monthly thereafter. Email Pros will automatically charge the monthly and other fees to the Clients credit card each month. The Client will be provided a user name and password to login to the Client Portal to manage billing services.

5. a. Administrative Services are free. There shall be no cost for restarting any web site or database and Client shall be provided 24 hour technical support. Connectivity related technical support is free.

ALL TECH SUPPORT THAT TAKES 5 MINUTES OR LESS IS FREE!

b. Client may be required to make an additional deposit to cover anticipated excessive bandwidth usage if the control panel bandwidth graph shows bandwidth usage in excess of the bandwidth commitment rate. Excessive usage shall be any bandwidth usage over the Subscription Rate. Failure to deposit payment for excessive bandwidth usage at the Subscription Rate may result in suspension of account until such payment is made. Email Pros shall, of course, make reasonable attempts to notify client of such excessive usage.

c. If Client so requests custom technical support or Email Pros must provide custom technical support or custom administration for Client at a later date. Client shall pay to Email Pros $75 per hour for the total hours of Custom Support or Custom Administrative Services needed and/or requested by client. Administration regarding connectivity is FREE!!

d. All fees shall be due from Client in advance and shall be received by Email Pros prior to the ("Due Date") for the preceding month of service. Not receiving an invoice from Email Pros prior to Due Date is not grounds for delay of payment. This document and/or the online billing website will suffice as an invoice for the term of this agreement. If payment is not received by the Due Date, Email Pros may impose a late fee of $25 and if payment is not received within seven (7) days AFTER the Due Date, Email Pros, may at its sole discretion, disconnect services to Client without prior notice and without any liability to Email Pros. Email Pros shall be authorized to automatically charge the Client's credit card if the Client provides the account information.

e. In the event that Client pays the monthly charges after the disconnect event, and Email Pros agrees to reconnect service to the Client, there shall be a minimum re-connection charge calculated at the rate of $25.

f. After the disconnection event for any reason, Client is still required to pay service fees equal to the rate in paragraph 4 - the normal monthly rate.

g. Email Pros shall not be required to refund any fees to Client charged pursuant to this Agreement, except by mutual agreement.

h. Client can cancel this agreement anytime. No refunds of any kind are due in the event of cancellation. To cancel service you must provide thirty (30) days notice and send an email including the date you want service to end to billing@emailpros.com.

i. Client is aware that Client is required to make a reasonable effort to estimate the monthly bandwidth usage and prepay such amount for the first month of this contract. Subsequent months shall be billed and based upon the monthly bandwidth usage of the prior 30 days and shall be payable by the Due Date of each subsequent month for the term of this agreement.

6. Client is aware and understands that:
a) Email Pros obtains its electrical power from the local public utility company, the Los Angeles Department of Water and Power, the ("DWP") - divergent power grids feed our building which has TEN 5,000 amp power plants and 17 diesel generators. Email Pros cannot guarantee the performance of the DWP, however it should be noted that DWP routinely produces excess power and during the "California Brown Outs" the DWP sold power to Edison and did not go down. Furthermore, all Email Pros power is on A/B UPS systems and N+1 diesel emergency power generators for back-up which is tested routinely.
b) Email Pros obtains Internet access from other Internet backbone providers which may include but is not limited to LEVEL 3, WILTEL, COGENT, XO, MZIMA, and AT&T. Email Pros shall reserve the right to change bandwidth providers without notice.

99.9% UPTIME IS GUARANTEED

c) Availability of Internet access to Email Pros is not entirely under the control of Email Pros but email services is guaranteed by Email Pros to be 99.9% uptime. Client shall be entitled to a prorated refund for any downtime should any take place.
d) While Email Pros' goal is to provide uninterrupted service to Client, there will be times that the connectivity to the Internet may be disrupted, in which case Internet access will not be available to Email Pros and our Equipment at the Data Center. As Email Pros is connected to multiple providers of internet access and utilizes BGP-4 - to route traffic out redundant networks in the event of any single network failure, the chances that all such internet connections could go down at once would be very unusual.
e) Equipment may shut down or malfunction at any time due to a variety of reasons, including without limitation, power surges from the Public Utility, Equipment malfunction, software problems, Internet problems, etc.
f) Email Pros may have regular or periodic disruption of services due to scheduled and unscheduled maintenance of the equipment in the Data Center. Email Pros will notify Client of such dates and times of any scheduled maintenance disruptions via email or phone.

7. Email Pros is not responsible for lost business, financial or otherwise, resulting from any of the services that it offers. Such guarantees are not included in this agreement and would require separate written agreement, with additional consideration to enforce such guarantees.

8. Email Pros shall make reasonable efforts to protect Client'sData, however, Client should carry its own insurance or provide it's own remedy for losses ("Losses") due to
a) discontinuation of email connectivity for any reason whatsoever,
b) damage to the Client's data due to any reason, including without limitation, fire, theft, water leakage, earthquake and all acts of God, and
c) loss of income to Client, damage to Client's data, or losses due to any other possible incident (together "Losses"). In any case, Client shall hold Email Pros, its employees, agents and assigns harmless against all Losses to Client.

9. Client shall indemnify, defend and hold Email Pros, its employees, officers, agents and assigns against all claims, losses and cause of action by anyone due to connectivity of Client's email and web site through the facilities of Email Pros at the Data Center ("Indemnification"). This Indemnification shall include all causes of action, including without limitation, claims, suits, judgments, collection activity, and harassment.

10. Email Pros shall have the right to discontinue service to the Client at any time, without refund, upon the sending to addresses provided to Email Pros from client, written (US mail, facsimile or e-mail) notice stating the cause, for the following reasons:
a) Violation of the terms of service herein stated, and/or as periodically changed as stated at http://www.emailpros.com/tos.html
b) False statements for personal gain at the expense of Email Pros.
c) Failure to follow instructions of Email Pros staff or management.
d) Attempt to remove data from our server while a fee is outstanding.
e) Violation of any rule of the datacenter.
f) Violation of law and issuance of any judicial action or governmental order to cease and desist the Email and Web Site operation.
g) Unannounced excessive bandwidth usage for which a deposit has not or is not provided.
h) SPAM originating or relaying from, or advertising sites, on Client's web site or email usage. SPAM disconnections may result in a termination fee as outlined outlined in paragraph 5. Email Pros may disconnect and/or terminate service to Client if Client gets listed on SpamHaus or Spamcop or other serious black lists and may refuse service to Clients listed on the Spamhaus ROKSO list of "registry of known spam organizations."
i) Running an IRC Server, eggdrop server, botnet server, or selling "shell" hosting accounts.
j) Mismanaged web site or email by the Client that results in, or could potentially result in, any form of harm or interruption of services provided by Email Pros.
k) Denial of Service attacks incoming or outgoing from the Client's web site or email.
l) Other types of abuse not specifically mentioned here but which could potentially result in, any form of harm or interruption of services provided by Email Pros or that may harm other networks. Email Pros reserves the right to refuse service to anyone for any reason.

11. In the event of a dispute between the parties due to this Agreement, parties agree to submit the dispute for arbitration in accordance with the rules of the American Arbitration Association. The prevailing party in any legal proceeding or arbitration shall be entitled to reasonable attorney fees and expenses whether or not the dispute is resolved through arbitration or court. Any legal dispute shall be in the Riverside County jurisdiction. Billing disputes must be sent to billing@emailpros.com within three (3) months of the date of the charge. Email Pros shall apply credit to the Client's account for any incorrect charge disputed within three (3) months of the date of the charge. No claim may be brought for any dispute arising from this Agreement more than three (3) months from the date of the occurence which gives rise to the dispute.

12. This Agreement shall be the only agreement between the parties. All prior written and verbal representations and communications between the parties shall be null and void. Amendments to this agreement shall be in writing, executed by Client and Email Pros. If, Client is a person, he or she, shall personally guarantee this Agreement. If Client is a legal entity such as a corporation, partnership, limited liability company, etc., and Email Pros has not specifically approved the credit of such entity, the Guarantor herein below shall fully and personally guarantee the performance of this Agreement. Client agrees to supply a copy of current Identification, either current driver's license, state issued ID card, or current passport for the purpose of Email Pros performing a one time identity verification. A one time identity verification is performed in order to confirm your mailing address and to establish credit for unpaid services.

13. Unless terminated by providing thirty (30) days notice by sending email to billing@emailpros.com, the term of this contract shall extend for one additional month. Unless otherwise stated, this is a month-to-month contract.

AGREEMENT BETWEEN USER AND Email Pros

The Email Pros Web Site is comprised of various Web pages operated by Email Pros.

The Email Pros Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Email Pros Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Email Pros reserves the right to change the terms, conditions, and notices under which the Email Pros Web Site is offered, including but not limited to the charges associated with the use of the Email Pros Web Site.

LINKS TO THIRD PARTY SITES

The Email Pros Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Email Pros and Email Pros is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Email Pros is not responsible for webcasting or any other form of transmission received from any Linked Site. Email Pros is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Email Pros of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Email Pros Web Site, you warrant to Email Pros that you will not use the Email Pros Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Email Pros Web Site in any manner which could damage, disable, overburden, or impair the Email Pros Web Site or interfere with any other party's use and enjoyment of the Email Pros Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Email Pros Web Site.

USE OF COMMUNICATION SERVICES

The Email Pros Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

* Conduct or forward surveys, contests, pyramid schemes or chain letters.

* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

* Restrict or inhibit any other user from using and enjoying the Communication Services.

* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

* Violate any applicable laws or regulations.

Email Pros has no obligation to monitor the Communication Services. However, Email Pros reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Email Pros reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Email Pros reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Email Pros' sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Email Pros does not control or endorse the content, messages or information found in any Communication Service and, therefore, Email Pros specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Email Pros spokespersons, and their views do not necessarily reflect those of Email Pros.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Email Pros OR POSTED AT ANY Email Pros WEB SITE

Email Pros does not claim ownership of the materials you provide to Email Pros (including feedback and suggestions) or post, upload, input or submit to any Email Pros Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Email Pros, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Email Pros is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Email Pros's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Email Pros WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Email Pros AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Email Pros WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Email Pros WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Email Pros AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Email Pros WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Email Pros AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Email Pros AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Email Pros WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Email Pros WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Email Pros WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Email Pros WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Email Pros OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Email Pros WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Email Pros WEB SITE.

SERVICE CONTACT : support@emailpros.com

TERMINATION/ACCESS RESTRICTION

Email Pros reserves the right, in its sole discretion, to terminate your access to the Email Pros Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Riverside County, California, U.S.A. in all disputes arising out of or relating to the use of the Email Pros Web Site. Use of the Email Pros Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Email Pros as a result of this agreement or use of the Email Pros Web Site. Email Pros's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Email Pros' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Email Pros Web Site or information provided to or gathered by Email Pros with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Email Pros with respect to the Email Pros Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Email Pros with respect to the Email Pros Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.