Ottomatic Terms of Service
Last Modified: May 3, 2021
The use of services provided by Proof Hosting, LLC (hereafter referred to as "Proof Hosting") is subject to the following Terms of Service.
Important Notice Addresses
Terms of Service/AUP Violations: email@example.com (customers will be copied on all reports)
Other Legal and Law Enforcement Inquiries: firstname.lastname@example.org
The operative parties referred to in this Agreement are defined as follows:
Proof Hosting makes certain hosting services (the "Services" or the “Site”) available. For purposes of this Agreement, when "Site" or "Services" are referenced, such reference includes all hardware, software, and network resources necessary to provide said Site and/or Service.
When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to Proof Hosting. Additionally, when the terms "the Site" or "Site" are used, these terms refer to any site published by Us, unless a site is specifically exempt from this policy. You, the Client - As Our Client and the user of the Site or Services, this Agreement will refer to You through any second-person pronouns, such as "Your," "Yours," etc.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. BY SUBSCRIBING TO PROOF HOSTING'S SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (THIS "AGREEMENT"). IF YOU AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK "I ACCEPT," (OR SIMILAR SYNTAX), CHECK THE APPROPRIATE BOX MANIFESTING YOUR INTENT TO BE BOUND BY THESE TERMS AND CONDITIONS, SIGN AND RETURN THIS TOS, AND CONTINUE WITH THE ACCOUNT SET-UP PROCESS.
YOU SHOULD PRINT-OUT OR OTHERWISE SAVE A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "BACK" BUTTON ON YOUR BROWSER AND DO NOT SUBSCRIBE TO PROOF HOSTING'S SERVICES. PROOF HOSTING AGREES TO PROVIDE SERVICES TO YOU ONLY IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOUR ELECTRONIC ACCEPTANCE OF THIS AGREEMENT IS PERMITTED BY THE ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT (E-SIGN ACT) AND SIMILAR FEDERAL AND STATE LAWS. ANY USE OF PROOF HOSTING'S SERVICES SHALL CONSTITUTE AN ACT OF ACCEPTANCE OF THE CURRENT HOSTING SERVICES TERMS AND CONDITIONS.
Incorporations by Reference
Although this Agreement represents the primary terms and conditions of service for Proof Hosting's Services, additional guidelines and rules are hereby incorporated by reference.
For Clients residing outside the European Economic Area (EEA), the documents which can be found on Our Site, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:
Our Acceptable Use Policy (Acceptable Use Policy)
For Clients residing in the EEA, the document(s) that can be found below, and which are specifically incorporated by reference and therefore part and parcel of this Agreement, are the following:
Our Acceptable Use Policy (Acceptable Use Policy)
Clients residing in the EEA are invited to read our GDPR Privacy Notice before registering for the Services.
1.1 At the time of initial registration, You will select from the list of available Services the service plan(s) to which You wish to subscribe. All subscriptions to Services are subject to formal acceptance by Proof Hosting. Your subscription to the Services will be deemed accepted by Proof Hosting when Proof Hosting delivers a confirmation of the subscription to You. Proof Hosting reserves the right to refuse to provide You with any Service for any reason. Notwithstanding Our Uptime Guarantee found in Section 17 of this Agreement, Proof Hosting also reserves the right to interrupt access to the Services to perform regular and emergency maintenance as needed. You may order additional Services at any time, provided that You agree to pay the then-current fees for such additional Services. All additional Services shall be considered "Services" hereunder. All Services provided are subject to availability and to all of the terms and conditions of this Agreement.
2. REVISIONS TO USER AGREEMENT
This Agreement contains the complete and entire terms and conditions that apply to Your use of Proof Hosting's Services (as defined below). Proof Hosting may modify the terms of this Agreement, including the Fees (as defined below) at any time.
2.1 From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting to the Site. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
2.2 We agree that if We change anything in this Agreement, We will change the "last modified date" at the top of this Agreement. You agree to periodically visit the Site to review the last modified date of this Agreement. You agree to note the date of the last revision to this Agreement. If the "last modified" date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "last modified" date has changed, then You can be certain that something in the Agreement has been changed and you should review it carefully.
2.3 Should You wish to terminate this Agreement due to any revisions made by Us, You must do so in writing via the cancellation form within thirty (30) days of the "last modified" date described above. Your continued use of the Services after the effective date of any such notice constitutes Your acceptance of such changes.
2.4 Waiver – if You fail to periodically review this Agreement to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
3. DURATION OF AGREEMENT AND CANCELLATION POLICY
3.1 The Initial Term shall begin upon confirmation of Your order or commencement of the Services to You and receipt of lawful funds. The term's length is chosen by You and shall be indicated when You order Our Services. This Agreement may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by Proof Hosting if such breach is not cured by Proof Hosting within thirty (30) days of written notice describing such breach in reasonable detail provided by You to Proof Hosting. Proof Hosting may terminate this Agreement in the event of a breach by You (i) immediately, for the breaches described in Sections 3.4 hereof; or (ii) for any other breach, if such breach is not cured by You within thirty (30) days of written notice describing such breach in reasonable detail provided by Proof Hosting to You. After the Initial Term, this Agreement shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
3.2 Proof Hosting may also terminate this Agreement in its sole discretion at any time for any reason or no reason. ("Termination without Cause"). In such case, Proof Hosting will provide You with thirty (30) days written notice before the discontinuation of Services.
3.3 If Proof Hosting cancels this Agreement pursuant to any of the terms outlined in this Agreement, with the exception of Termination without Cause pursuant to paragraph 3.2 (i.e. for “Cause”), Proof Hosting shall not refund to You any fees paid or prepaid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. In the event that Proof Hosting terminates the Agreement for Cause, all prepaid hosting fees will be forfeited and are not refundable. The termination of this Agreement does not relieve You of Your obligation to pay any Fees accrued or payable to Proof Hosting prior to the effective date of termination of this Agreement.
3.4 In addition to Proof Hosting's right to terminate this Agreement provided elsewhere in this Agreement, Proof Hosting may terminate this Agreement effective immediately if, in Proof Hosting's sole discretion, it determines that You or any of Your end-users: (a) have breached the Acceptable Use Policy ("AUP") as described in Section 12 of this Agreement, and incorporated herein, (b) have infringed or violated any intellectual property right or privacy or publicity right of Proof Hosting or a third party, (c) have not complied with any applicable law, statute or regulation, or (d) have uploaded, published or disseminated any images, text, graphics, code or video which Proof Hosting considers illegal or high risk, in its sole discretion. Nothing contained in this Agreement is intended to, or shall, impose any duty or obligation upon Proof Hosting to monitor or review Your Content or the content of Your end-users at any time. You remain solely responsible for Your Content, and any liability generated therefrom.
3.5 The termination of this Agreement will terminate Your access to the Services and Your license to the Host Materials (as defined in Section 5.2 of this Agreement). Proof Hosting shall not be liable to You or to any third party for termination of the Services permitted under this Agreement. Upon termination of this Agreement, Proof Hosting reserves the right to maintain copies of Your data files and records for archival purposes, but does not undertake any obligation to do so. Proof Hosting reserves the right to impose an early termination charge for all Services terminated prior to the last day of the billing cycle.
3.6 If either party cancels or terminates this Agreement for any reason, You shall be solely responsible for making all necessary arrangements for securing a replacement host and moving all electronic data, graphics, images, video or text to the new service provider. Upon termination of this Agreement, provisions that by their nature would be expected to survive termination shall survive and remain in full force and effect in accordance with their terms.
4. ACCOUNT SET UP
4.1 When You register for the Services, You will choose a login (email) and password. You may use the Services or modify Your data and content only through such user ID and password. You are entirely responsible for maintaining the confidentiality of Your user ID and password and for any and all activities which occur using those credentials. You agree to immediately notify Us of any unauthorized use of Your account or any other breach of security known to You.
4.2 You must provide Us with a primary email address that is checked regularly and frequently. All notices and communications between Us will be sent to the email address You provide, and You are therefore required to keep this address current or notify Us if Your address changes. You should notify Us if any of Your contact and/or billing information changes so that We may update Your account. It is also Your responsibility to make sure that Our domain(s), proofgeist.com, proofgroup.com, proof-cloud.com, fmsdb.com, foxtailtech.com are not included in any spam block list used by You or Your mail provider.
4.3 Providing false or inaccurate contact information of any kind may result in the Termination for Cause of Your account per Section 3 of this Agreement.
4.4 You are responsible for all activity transpiring under Your account. We therefore highly recommend that You secure file, directory, and script permissions to the most restrictive settings possible. You agree that You have the technical ability to properly operate a web site and that You are responsible for any actions performed under Your account, including but not limited to, damage caused to Your site, Proof Hosting's site and/or equipment, and any other site.
5. INTELLECTUAL PROPERTY RIGHTS
All Services provided by Proof Hosting may only be used for lawful purposes.
5.1 As between You and Proof Hosting, Proof Hosting acknowledges that it claims no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video and graphics) supplied by You for use on Your web site ("Your Content"). You hereby grant to Proof Hosting a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content, solely for the benefit of You and to enable Proof Hosting to perform its obligations hereunder.
5.2 In connection with performance of the Services and at the sole discretion of Proof Hosting, Proof Hosting may (but is not obligated to) provide You with certain materials, including, without limitation, computer software (in object code or source code form), data, documentation or information developed or provided by Proof Hosting or its suppliers under this Agreement, domain names, electronic mail addresses and other network addresses assigned to You, and other know-how, methodologies, equipment, and processes used by Proof Hosting to provide You with the Services ("Host Materials"). Subject to the terms and conditions of this Agreement, Proof Hosting hereby grants You a limited, revocable, non-transferable, non-exclusive license to use the Host Materials solely in connection with the Services. This license terminates when this Agreement terminates. As between You and Proof Hosting, You acknowledge and agree that Proof Hosting owns all right, title, and interest in and to the Host Materials, including all copyright, trade secret, patent, trademark and other intellectual property rights therein. Any use of the Host Materials after termination of this Agreement is not licensed and strictly prohibited. You agree that You will not upload, transmit, reproduce, distribute or in any way exploit any Host Materials obtained through the Services without first obtaining the express written permission to do so from Proof Hosting.
5.3 This Agreement does not constitute a license to use Proof Hosting's trade names, service marks or any other trade insignia. Any use of any of Proof Hosting's trade names, service marks or any other trade insignia is strictly prohibited, absent Proof Hosting's prior written consent.
5.4 If We are required to enlist the assistance of an Attorney or other person to collect any amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, or if We are required to file an ICANN complaint against You in order to bring about the transfer of an offending URL to Us from You, then You additionally agree that You will reimburse Us for all fees and costs incurred in order to collect such amounts due, or in order to seek injunctive relief from You, or in order to file and prosecute an ICANN complaint.
6. DMCA Notice and Takedown Policy
Proof Hosting implements the following DMCA Notice and Takedown Policy. Proof Hosting respects the intellectual property rights of third parties, and expects others to do the same. As part of our effort to recognize the copyrights of third parties, Proof Hosting complies with the U.S. Digital Millennium Copyright Act ("DMCA") and is therefore protected by the limitations on liability recognized by 17 U.S.C. § 512; commonly known as the "safe harbor" provisions of the DMCA. Proof Hosting's infringement notification procedure, counter-notification procedure, and takedown policies, are set forth below.
7. Notice of Claimed Infringement
7.1 Abuse Warning
The DMCA permits copyright owners, or their authorized agents, to submit notifications to service providers, such as Proof Hosting, requesting that infringing material hosted on Proof Hosting's servers be disabled or removed. Importantly, the DMCA imposes significant penalties – including court costs and attorneys fees – on those who abuse the infringement notification procedure, by misrepresenting either that material is infringing, or was removed by mistake. See; 17 U.S.C. § 512(f). Proof Hosting will pursue those who abuse its DMCA notice or counter-notification procedure, and will cooperate with law enforcement in any investigation of such abuse. Please make sure that you meet all the qualifications before submitting a DMCA notice to our Designated Agent identified below.
7.2. Notification Contents and Procedure
If you believe that your work has been copied, reproduced, altered or published in a way that constitutes copyright infringement under federal law, or your copyrights have been otherwise violated, please submit a DMCA notice to Proof Hosting's Designated Copyright Agent, containing the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on Proof Hosting's servers (preferably including specific URL's associated with the material);
- your full name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent(s), or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Claimants may send their Notice of Claimed Infringement to:
Angelo Luchi, DMCA Agent
221 N. Hogan St. #330
Jacksonville, FL 32202
Please do not send other inquiries or information to our Designated Agent.
8. Takedown Policies and Procedures
Proof Hosting implements the following Takedown Policies and Procedures. Upon receipt of any notification of claimed copyright infringement, Proof Hosting will act expeditiously to notify its customer of the alleged infringement, and take steps to disable or remove the subject material. DMCA Notices are generally processed within two (2) business days from receipt, absent extenuating circumstances. Proof Hosting reserves the right at any time to disable access to, or remove any material or expressive work accessible on or from its servers or services, that is claimed to be infringing via a valid DMCA Notice, or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of Proof Hosting to terminate the account of repeat copyright infringers, when appropriate, and Proof Hosting will act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The procedure for notifying Proof Hosting of claimed copyright infringement is set forth in Section 7.2 hereof.
If the DMCA notice does not comply with §512 of the DMCA, but does substantially comply with the (3) three requirements for identifying infringing works according to §512 of the DMCA, Proof Hosting shall attempt to contact or take other reasonable steps to reach the complaining party to assist that party with sending a compliant DMCA Notice. As noted above, when Proof Hosting's Designated Agent receives a valid notice, Proof Hosting will act expeditiously to remove and/or disable access to the infringing material and shall notify the affected customer or subscriber. Then, the affected customer or subscriber may submit a counter-notification to the Designated Agent, using the counter-notification procedures set forth below. Proof Hosting reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to this page to stay current on any modifications.
9. Counter-Notification Procedures
If the Recipient of a Notice of Claimed Infringement ("Notice") believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed/disabled in accordance with the procedures outlined above in Section III above, the Recipient is permitted to submit a counter-notification pursuant to 17 U.S.C. § 512(g)(2) & (3). A counter-notification is the proper method for the Recipient to dispute the improper removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations contained in the counter-notification pursuant to 17 U.S.C. § 512(f).
9.1 To initiate a counter-notification, the Recipient must submit to Proof Hosting's Designated Copyright Agent all of the following information:
- a specific description of the material that was removed or disabled pursuant to the Notice.
- a description of where the material was located within Proof Hosting or the Content before such material was removed and/or disabled (preferably including specific URL's associated with the material.)
- a statement reflecting the Recipient's belief that the removal or disabling of the material was done erroneously. For convenience, the following language may be utilized: "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled."
- a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person's agent.
- the Recipient's physical address, telephone number, and email address.
Counter Notifications can be sent to:
Angelo Luchi, DMCA Agent
221 N. Hogan St. #330
Jacksonville, FL 32202
Please do not send other inquiries or information to our Designated Agent.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward the counter-notification to the original claimant who first provided the Notice identifying the allegedly infringing material.
Within ten to fourteen (10-14) days from Proof Hosting's receipt of a valid counter-notification, Proof Hosting will replace or cease disabling access to the disputed material unless Proof Hosting's Designated Agent receives notification that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on Proof Hosting's system or network.
10. Service Provider Customers of Proof Hosting
Some of Proof Hosting's customers are, themselves, "Service Providers" within the meaning of 17 U.S.C. § 512(k)(1). Accordingly,Proof Hosting requests that any DMCA Notices relating to alleged infringement by third party users, customers or subscribers of Proof Hosting's Service Provider Customers be submitted directly to the DMCA Agent designated by such customer.
Proof Hosting reserves the right to modify, alter, or add to the DMCA policy set forth in Sections 6-10 above, and all users should regularly check back regularly to stay current on any such changes.
12. CONTENT AND ACCEPTABLE USE POLICY
12.1 You agree to comply with Proof Hosting's Acceptable Use Policy ("AUP"), which may be found below, which policy is hereby incorporated by reference as an indispensable part of this Agreement. Proof Hosting reserves the right to modify the AUP at any time by posting the modified policy on the Site. You agree to monitor the proofgeist.com home page for any changes to the AUP. Your continued use of the Services after the effective date of any changes to the AUP constitutes Your manifestation of intent to be bound by such changes. Proof Hosting may, at its sole discretion, immediately terminate Your access to the Services, or this Agreement, if Your conduct violates the AUP, or if any of Your end users' conduct violates the AUP.
12.2 Proof Hosting will not actively monitor the content of the web sites being hosted by Proof Hosting, although Proof Hosting, at its sole discretion, may elect to electronically monitor its network and may disclose any content or records concerning Your account as necessary to satisfy any law, regulation, or other governmental request or to properly operate Our network and protect any of Our customers. Proof Hosting will investigate credible complaints of a violation of a third party right or of the AUP. Proof Hosting will cooperate with those attempting to minimize Internet abuse and reserves the right to institute "filters" or other mechanisms for that purpose. Proof Hosting will cooperate with law enforcement authorities and reserves the right to notify such authorities if it suspects that You or any of Your end users are engaged in illegal activities. Nothing contained in this Section, or anywhere in this Agreement, is intended to bestow any rights on any third party, and no third parties shall be entitled to enforce any terms of this Agreement between the Parties.
12.3 You acknowledge and expressly agree that Proof Hosting will not be liable to You or any of Your end users for any action Proof Hosting takes to remove or restrict access to the Services for any alleged violation of the AUP, or exercising its rights as a Good Samaritan under the Telecommunications Act of 1996 (47 U.S.C. § 230(d)) or under the Digital Millennium Copyright Act of 1998 (See Section 12.8 below).
12.4 Proof Hosting may, in its sole discretion, immediately terminate Your access to the Services, and terminate this Agreement for Cause, if Your conduct violates the acceptable uses outlined below and/or in the AUP, or if any of Your end users' or downstream customers' conduct violates such acceptable uses.
12.5 Proof Hosting takes the issue of child pornography very seriously, and any potential harm to minors using our services is strictly prohibited. Content that is or may be perceived to be child pornography will be immediately removed from public access upon notification or detection by Us. Additionally, Proof Hosting reserves the right to terminate any account whose website(s) hosts or links to child pornography immediately and without notice to You. If the account is a Proof Hosting reseller account, the account will be suspended and the reseller will be directed to terminate the responsible account. You agree to cooperate in any such efforts. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as, or similar to, child pornography, consistent with applicable law. You agree to cooperate with Proof Hosting in any effort to investigate, disable or remove such content originating with Your end-users. Consistent with federal law, Proof Hosting will cooperate with law enforcement authorities and will notify such authorities if it suspects that You or any of Your downstream customers or end users are engaged in any such illegal activities.
12.6 In accordance with the reporting requirements of 18 U.S.C. § 2258A, We will report to the CyberTipline (www.cybertipline.com) any actual knowledge of apparent violations of 18 U.S.C §§ 2251, 2251A, 2252, 2252A, 2252B, 2260, or 1466A. If You suspect any instances of child pornography appearing on sites hosted by Proof Hosting, We encourage You to send such reports to Our abuse address (email@example.com), and include the file name and/or URL (or other location on the customer's site), victim (if known), date of birth, date of production, and any other information about the suspect image(s). Do not send the image(s) in question. Alternately, You may use the CyberTipline to report suspected child pornography. Reports involving sites not hosted by Proof Hosting should be directed to law enforcement or to a cooperating child pornography organization such as: https://www.asacp.org/index.php?content=report.
12.7 We respect the intellectual property rights of all parties and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act.
12.8 Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material on Your site. You agree not to allow minors to view any such site, and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), you are hereby informed that you can research such services at websites, such as www.asacp.org. Please note that Proof Hosting makes no representation or warranty regarding any of the products or services referenced on such sites. Proof Hosting recommends that the user conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing this site if Your computer can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards.
Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that Proof Hosting operates as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of Your content (including third-party content published on Your website(s)). We do not create such content, and We are not responsible for the publication of remarks or communications of You or third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Proof Hosting to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our immunity status as an interactive computer service. Nothing contained in this paragraph is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act. In the event that any court finds that any third party communication or third party content hosted by us falls outside of the realm of the immunity provided by the CDA, this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on our Website or hosted via our Services.
12.9 Specific Requirements for Service Provider and User-Generated Content Subscribers:
If You use Our Services for any site, sub-domain, page or business model that allows Your end users or customers to control or upload material to Internet space assigned to You by Us, You shall be deemed to be acting as a "Service Provider" with respect to such services and/or customers. Service Providers include but are not limited to Clients which; a) resell bandwidth as hosts to third parties; b) operate user-generated content sites such as forums, "tube" sites, review sites, and online classified advertising sites; c) operate search engines; or d) operate peer-to-peer file sharing networks. Clients acting as a Service Provider for third party users shall comply with the following provisions:
- You shall notify Us of all domains, web pages or IP addresses for which You are acting as Service Provider.
- You shall comply with 17 U.S.C. §512 of the DMCA by properly designating an agent for receipt of copyright infringement notices, and You shall publish a link on the home page of any website for which You are a Service Provider to a DMCA Notice and Takedown Policy, identifying the website's designated agent and associated contact information.
- You shall provide Us with a current link to Your DMCA Notice and Takedown Policy and further advise Us of any changes to Your Designated Agent contact information. This shall be a continuing obligation for as long as You use Our Services.
It is the policy of Proof Hosting to provide any infringement notices it receives relating to Service Provider Subscribers, directly to the Subscriber's Designated DMCA Agent, and to further notify any copyright claimants of the identity and contact information for the Service Provider Subscriber's Designated DMCA Agent. Failure to maintain compliance with this section shall constitute a material breach of this Agreement. Nothing contained herein should be interpreted as legal advice, and You are encouraged to consult an attorney regarding DMCA safe harbor compliance, or any other legal matter.
12.10 In keeping with Our DMCA policies and obligations set forth above, You understand, agree, and expressly allow Us to access and subsequently disable public access to any files or data residing on the server, disk, partition, or other data space under Your control as Our customer when such files or data, in Our discretion; 1), have been identified in a substantially compliant DMCA notice under 17 U.S.C. § 512; or 2) when We become aware of facts or circumstances indicating that such files or data are infringing on the copyrights or other intellectual property rights of third parties. Given that Our customers may employ various methods of securing files in conjunction with Our Services, and in an attempt to avoid material disruption of Our customers' Services, You agree that You will provide Us with Your preferred procedure for disabling access to material identified under this provision. If We forward You a substantially compliant DMCA Notice that concerns content under Your control, You are obligated under this Agreement to immediately disable or remove access to such content. Irrespective of the above, We reserve the right to disable or remove access to such content, in Our discretion, and without claim of damage or injury by You. While We will attempt to simply disable access to such content without fully deleting it, or suspending all services to Your account, We make no warranties concerning harm or injury to the content, and reserve the right to take any necessary actions to disable access to the identified material, including suspension or termination of Services. It is therefore in Your best interest to promptly respond to any DMCA Notices You may receive. Should You or Your website's users feel that such DMCA Notice was erroneously or improperly sent, You must follow the Counter-Notification procedure set forth above, and wait the required period of time, before We allow public access to the content to resume.
12.11 Nothing contained in this Section, or any part of this Agreement, shall constitute legal or professional advice regarding any matter referenced therein. You are responsible for obtaining your own legal advice regarding compliance with any and all applicable laws or regulations.
13. ANTI-SPAM POLICY
13.1 You agree to comply with Proof Hosting's Anti-Spam Policy hereby incorporated by reference as an indispensable part of this Agreement. Use of Proof Hosting's services for any illegal spam activities is strictly prohibited.
13.2 Proof Hosting reserves the right to modify the Anti-Spam Policy at any time by posting the modified policy on the Site. You agree to monitor Proof Hosting's home page for any changes to the Anti-Spam Policy. Your continued use of the Services after the effective date of any changes to the Anti-Spam Policy constitutes Your manifestation of intent to be bound by such changes.
14.1 Payment for Services is due in advance of the time period which such payment covers. Services are billed on an automatic and recurring basis unless and until this Agreement is terminated in accordance with its terms.
14.2 Unless separately negotiated by You and Us, and confirmed by separate written agreement, the initial and recurring Fees for the Services selected by You shall be as provided in the initial on-line order form. All set-up fees and special programming fees are non-refundable. Fees for Services are payable in advance. Failure to make payment of Fees for Services when due may result in the suspension or termination of Services.
14.3 At the time of registration, You must select a payment method. Proof Hosting reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. If You do not pay all Fees when due, Your account will be deemed past due. For any past due Fees, Proof Hosting will charge You interest at a rate of one and one-half percent (1.5%) or the highest rate allowed by applicable law, whichever is lower, per month of all unpaid amounts, until paid.
14.4 You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. Proof Hosting is not responsible for any bank fees incurred by You due to Your use of check cards, automatic payment services, insufficient funds, and any and all other fees your financial institution may impose due to Your use of the Services. If Proof Hosting should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, or the like, Proof Hosting will invoice You for the difference between payment received and the Fees due.
14.5 You also agree to pay all attorney and collection fees arising from Proof Hosting's efforts to collect any past due Fees. If you cancel any Service prior to the completion of Services for which You have pre-paid Fees, You understand and agree that Proof Hosting will not issue You any refund whatsoever, including but not limited to any remaining pre-paid Fees, set up Fees, and/or special programming Fees.
14.6 Coupons and Discount Codes – From time to time, Proof Hosting may offer coupons or other discount codes which may be used when signing up for hosting with Us. Coupons and discount codes are for first-time customers of Proof Hosting and must be used at the time of Your initial purchase with Us – they may not be applied after Your service with Us has already been initiated. Unless expressly provided, such coupons and discount codes may not be used toward upgrades to Your account. Any account We deem to be attempting unauthorized coupon or discount code use may be subject to termination for Cause.
15. BACK UPS & DATA LOSS
15.1 You agree that Your use of Proof Hosting's Services is at Your own risk, and that Proof Hosting is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups.
15.2 Should you wish for Proof Hosting to provide You with routine backup service, in addition to the Services provided under this Agreement, please contact Us. We offer many different backup solutions as an add-on service to Our regular Services, and all such services are provided through a separate, written agreement.
16. RESOURCE USAGE & SECURITY
16.1 Proof Hosting does not impose hard set limits on each account's system resources. However, We may disable accounts if they exceed an acceptable level of usage, as determined by Proof Hosting in its sole discretion. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Proof Hosting will advise You of a temporary block placed on any account found to be consuming an inordinate amount of system resources, to the point of degrading overall system performance, as determined by Proof Hosting in its sole discretion.
16.2 Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Site and/or Host Materials. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Host Materials, and will not use any device, software, computer code, or virus to interfere with or attempt to disrupt or damage Our Services or the Site or any communications on it. If You do not adhere to this provision of this Agreement, in addition to monetary damages and other remedies available to Proof Hosting, You hereby agree to pay any and all fees associated with recovery of these damages, including attorneys' fees and costs.
16.3 SECURITY: Any violation of the security of the Site and/or Services is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers used to provide the Site, Services, and/or Host Materials (the "Servers") is strictly prohibited and is a violation of this Agreement and the AUP per Section 6 of this Agreement. You agree not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In addition, You are prohibited from the following:
- Any form of unauthorized access to or use of data, systems or networks, including the Site and/or Services;
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
- Unauthorized interference with service to any user, host or network;
- Introducing a malicious program into the network or server (e.g. viruses and worms), including the Site and/or Services;
- Circumventing user authentication or security of any host, network or account;
- Using an account with another provider to promote Your site with Us in an abusive manner.
- Utilizing Our Services for the purpose of compromising the security or tampering with system resources or accounts on computers at Our site or any other site.
In the event You are involved in any violation of system security, We reserve the right to release information about You to system administrators at other sites in order to assist in resolving security incidents, and We shall also cooperate with any law enforcement agency investigating a criminal violation of system or network security. Additionally, any violation of these security provisions may, at Our sole discretion, be grounds for termination for Cause of Your account per Section 3 of this Agreement.
16.4 BANDWIDTH USAGE: Your monthly bandwidth allowance is determined by the specific package for which You sign up. If Your account exceeds Your monthly allowance, You will be charged an overage fee. Bandwidth utilization in excess of instance allocation is charged at $0.02 per GB in North American and Western European locations. Due to higher regional costs, Singapore and Tokyo (Japan) overage is priced at $0.05 per GB and Sydney (Australia) overage is priced at $0.08 per GB.
16.5 FAIR USE POLICY: We provide specific Services to our Clients and define normal, fair, and reasonable use in terms of our Proof Hosting Virtual Private Servers as use that is consistent throughout any given billing period. We expect regular usage patterns from individual component machines and the client solution as a whole. Should we at our sole discretion determine a Client is not using this Service as defined under this Fair Use Policy, we may take actions to mitigate negative impact to Service delivery systems including but not limited to the following:
- Rate-limit the data You may send and/or receive from the individual machine to the entire solution level
- Adjust pricing to a standard bandwidth rate (market-dependent)
- Suspend or terminate Service to any or all of Your machines
17. UPTIME GUARANTEE
17.1 Proof Hosting may offer You a Service Level Agreement ("SLA") guaranteeing certain availability of Our Services. If applicable, the terms of any such SLA will be separately negotiated between You and Us, and such SLA, if any, is hereby incorporated by reference as an indispensable part of this Agreement.
To be eligible for any credits to Your account, You must follow the specific procedures set forth in the SLA for notifying Us of Your desire for credits. You understand and agree that the failure to follow the procedure in the SLA within three (3) days of the triggering event will result in Your waiver of any right to receive credits.
18. PRICE CHANGE
We may increase the amount You pay for Services at any time after at least thirty (30) days prior written notice to You. We reserve the right to change prices listed on the Site at any time, without notice, and the right to modify the amount of resources given to plans at any time. Additionally, if this Agreement is terminated for any reason, You understand that if We agree to provide Services to You in the future, the amount You paid under any prior term or time period is not determinative of the amount You will pay should We provide Services to You again. It is Your responsibility to check Our website for plan or price changes should You wish to take advantage of plan or price changes which may have occurred. Proof Hosting does not automatically update Your plan. All upgrades or downgrades will be performed at Your request and may include modification fees or require reinitiating service with Us.
You agree to defend, indemnify, and hold Proof Hosting and its subsidiaries, affiliates, officers, managers, members, employees and agents (collectively, “Proof Indemnified Parties”) harmless from and against any and all losses, damages, costs, claims and liabilities, including reasonable attorneys' and experts' fees, incurred by any Proof Indemnified Party resulting from any third-party claim, suit, action or proceeding (“Third Party Claim”) related to or arising from (a) any breach of this Agreement by You or any of your subsidiaries, affiliates, officers, directors, managers, owners, employees, agents or end users ( collectively, “Your Representatives”); (b) use of the Services by You or any of Your Representatives; (c) any defamatory, libelous or illegal material contained within Your Content or Your information and data; (d) any claim or contention that Your Content or Your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; (e) any third party's access or use of Your Content or Your information and data; (f) any violation of Our Acceptable Use Policy; or (g) negligence or willful misconduct by You or any of Your Representatives. In the event of a Third Party Claim under this section, Proof Hosting will have the right, at its option, to defend itself against any such Third Party Claim or to participate in the defense thereof by counsel of its own choice. You shall not settle any such Third Party Claim without the prior written consent of Proof Hosting.
21. NO WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. PROOF HOSTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OTHER THAN AS SET FORTH IN PARAGRAPH 17, PROOF HOSTING MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PROOF HOSTING MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES WILL BE CORRECTED. ANY STATEMENTS MADE REGARDING SUCH MATTERS IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
PROOF HOSTING MAY MAKE THIRD-PARTY GOODS, SERVICES AND/OR SOFTWARE AVAILABLE TO YOU THAT ARE NOT PART OF THE SERVICES ("THIRD-PARTY SERVICES"). PROOF HOSTING HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT YOUR OWN AND SOLE RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF A SEPARATE AGREEMENT BETWEEN YOU AND THE THIRD-PARTY.
PROOF HOSTING MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROOF HOSTING OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY MARKETING OR PROMOTIONAL MATERIALS DESCRIBING THE SERVICES ON PROOF HOSTING'S WEBSITE.
UNLESS OTHERWISE AGREED TO IN WRITING, PROOF HOSTING DOES NOT MAKE A BACK-UP OF YOUR SITE(S) AS PART OF THE SERVICES. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE A BACK-UP OF YOUR SITE(S) ON A REGULAR BASIS.
22. LIMITATION ON LIABILITY
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER OPERATION OF YOUR WEB-SITE AND/OR CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. IN NO EVENT SHALL PROOF HOSTING BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR OPERATION OF YOUR WEB-SITE AND/OR BUSINESS OR FAILURE TO OPERATE YOUR WEB-SITE AND/OR BUSINESS.
THIS SECTION APPLIES TO ALL CLAIMS BY YOU OR YOUR END USERS IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION.
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL PROOF HOSTING OR ANY OF OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ON BEHALF OF PROOF HOSTING (COLLECTIVELY, THE "PROOF AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF PROOF HOSTING OR ANY PROOF AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE AND MAXIMUM LIABILITY OF PROOF HOSTING AND THE PROOF AFFILIATES ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO PROOF HOSTING DURING THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
23. GENERAL PROVISIONS
23.1. Jurisdiction, Venue, and Choice of Law. This Agreement and all matters arising out of or otherwise relating to this Agreement shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. The parties hereby submit to the personal jurisdiction of the state and federal courts of Duval County, Florida in the event litigation permitted under this Agreement is initiated. Exclusive venue for any litigation permitted under this Agreement shall be with the state and federal courts located in Duval County, Florida.
The parties agree that this choice of venue, jurisdiction, and forum as set out in the following parts of this Agreement is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this Section.
All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the such party’s address for the giving of notices as set forth in this Agreement.
23.2. WAIVER OF JURY TRIAL. THE PARTIES HEREBY INTENTIONALLY AND IRREVOCABLY WAIVE THEIR RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THEM AGAINST THE OTHER PARTY IN CONNECTION WITH ANY MATTERS WHATSOEVER ARISING OUT OF THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THIS WAIVER OF THE RIGHT TO A TRIAL BY JURY WAS A MATERIAL INDUCEMENT FOR THEIR ENTRY INTO THIS AGREEMENT AND SHALL BE SUBJECT TO NO EXCEPTION..
23.3. Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by You.
23.4. Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
23.5. No Waiver. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach will constitute a waiver of subsequent breaches of the same or of a different nature.
23.6. Complete Agreement. This Agreement (including all other policies incorporated herein) constitutes the entire agreement between the parties with respect to the Services, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
23.7. Relationship Between the Parties. Proof Hosting is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties.
23.8. Non-Solicitation. Beginning upon commencement of the Services to You and continuing for a period of two (2) years after the termination of this Agreement or after any other cancellation or termination of Your account or Services with Us, You agree not to directly or indirectly solicit, hire, contract, or otherwise employ any person who was an employee or contractor of Proof Hosting or any of its affiliates during the term of this Agreement (including the Initial Term and any successive terms), to work for You or any other firm, person or business, of whatever character, corporate or otherwise.
23.9. Headings. Section and subsection headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
23.10. Force Majeure. Proof Hosting shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God; war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; epidemic or pandemic; fiber cuts; strikes or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay Proof Hosting's performance.
23.11. Export. You understand and acknowledge that the software elements of the Host Materials may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that You will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations to access, download, use or otherwise receive the Host Materials or any other software of Proof Hosting or its affiliates and that You will abide by such laws and regulations.
23.12. Complaints – California Residents: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: http://www.dca.ca.gov/online_services/complaints/consumer_complaint.shtml.
23.13. Government Rights. The software elements of the Host Materials have been developed at private expense and are "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (i) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (ii) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.
23.14. Notices. All notices permitted or required under this Agreement may be sent to the party to receive notice by email, certified U.S. mail with return receipt requested, or reputable overnight commercial delivery service to the email address or address provided by such party below or later updated via this notice process. Notices will be effective upon transmission, in the case of emailed notices, or upon delivery, in the case of mailed or overnighted notices. Evidence of successful transmission or delivery shall be retained.
If to Proof Hosting: Proof Hosting, LLC
Attn: Angelo Luchi
221 N. Hogan St. Suite #330
Jacksonville FL 32202
If to You (the Client): At the email address or mailing address provided in Your initial registration for Services.
23.15. Electronic Communications. Each of the parties may communicate with the other by electronic means as described in this Agreement. Each of the parties agrees to the following for all electronic communications: (i) The user identification of a sender, contained in an electronic communication, is legally sufficient to verify the sender's identity and the communication's authenticity; (ii) An electronic communication sent by You containing Your user identification establishes You as its originator and has the same effect as a document with Your written signature on it; and (iii) An electronic communication, or any computer printout of it, is valid proof of the validity of the original document of the electronic communication.
This Spam Policy pertains to all Websites owned or operated by Proof Hosting (hereinafter "Proof Hosting"). Proof Hosting subscribes to a strict "No Spam" Policy as exhibited and explained by this Policy. Proof Hosting will not profit from, nor allow anyone else to profit from Spam of any kind. Proof Hosting will terminate any and all relationships with any entity producing illegal Spam, and Proof Hosting will cooperate with law enforcement to see to it that illegal spammers are prosecuted to the fullest extent of the law.
Who should read and follow this Policy:
If you have any relationship, whatsoever, to Proof Hosting, you must, as a condition of a continued relationship with Proof Hosting read and familiarize yourself with this Policy and follow it in its entirety.
Parties addressed in this Policy:
The Parties addressed in this Policy are:
Proof Hosting d/b/a www.proof-cloud.com which may also be referred to as "Proof Hosting" OR www.proof-cloud.com or "We, Us, or Our." All Affiliates or members of the Website.
Any other Affiliate(s), employee(s), contractor(s), servant(s), or agent(s) ("Affiliate" or "you/your"), of Proof Hosting. The existence of one of the aforementioned relationships to us neither creates nor implies the existence of another.
II. ZERO TOLERANCE FOR UNSOLICITED email
We consider any dissemination of unsolicited commercial email (i.e., "spam") to be STRICTLY PROHIBITED. Although federal law allows the dissemination of unsolicited bulk email under certain, tightly regulated conditions, we have elected to impose a stricter, total spam ban policy, for all affiliates and promoters of this website. This means that Members are prohibited from engaging in any bulk email promotions to disseminate their profiles or any other information about Proof Hosting, regardless of how the recipient email addresses are acquired, generated or obtained. This also means that use of opt-in, double opt-in, or any form of email address recipient list is likewise prohibited, regardless of whether such activities are otherwise permitted by state or federal law.
Any violation of this strict Anti-Spam Policy will be grounds for immediate termination and forfeiture of all unpaid commissions or entitlement thereto. We reserve the right to audit and investigate compliance with the Anti-Spam Policy at any time, with or without notice.
We are committed to stemming the flow of Spam that is prohibited by law. However, our commitment to eliminating Spam goes much further than what the law requires. Spam, in all its forms, is annoying and burdensome, and is inconsistent with our corporate policies. Consistent with this commitment and our policies, we prohibit types of Spam that have not yet been contemplated by the law, including:
- Spim or instant messenger Spam;
- Spamming of internet newsgroups;
- Spamming on Craigslist or other classified services, except in areas designated for such use;
- use of any personal service to Spam other members;
- any other method of Spamming.
In short, if you are sending a message to a recipient who does not know you, in some capacity, you may not send any information about us. If you are posting an ad somewhere that has our company information in it, that ad must be "on topic" and properly listed.
All affiliates, agents, employees or other promoters using any form of electronic commercial mail promotion in violation of this policy agree to indemnify and hold us harmless from any and all claims, charges, counts, debts, suits or other allegations arising from violations of the Act, or other applicable laws regulating transmission of commercial email. Proof Hosting shall provide immediate notice of any and all such claims, however the Site shall select its own attorneys to defend such claims, at the sole and exclusive expense of the affiliate, agent, employee or promoter responsible for the alleged violation.
IV. ADDITIONAL INFORMATION
Proof Hosting may suspend any instance which it believes to be transmitting or is otherwise connected with any spam or other unsolicited bulk email, pending investigation/resolution in cooperation with the account holder.
Any questions or comments regarding this Anti-Spam Policy should be directed to: firstname.lastname@example.org
Acceptable Use Policy (AUP)
The following is Proof Hosting's Acceptable Use Policy ('AUP'). By using Proof Hosting's Posting services ('Services'), you agree to comply with this AUP. You also agree to require your end users to comply with this AUP. Proof Hosting reserves the right to amend this AUP at any time, with or without notice to you. Proof Hosting agrees to post any changes to this AUP on the Proof Hosting's Homepage (located at: http://www.proofgeist.com) and you agree to periodically review this AUP as modified from time to time. You agree to be bound to this AUP, as modified from time to time, every time you use or access the Services.
Pursuant to your Posting Services Agreement, Proof Hosting may, at its sole discretion, immediately terminate your access to the Services if your conduct violates (or appears to violate) the AUP. In addition, Proof Hosting may, at its sole discretion, immediately terminate your access to the Services, if any of your end users violate the AUP.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services (nor will you permit an end user to use the Services) for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services (nor will you permit an end user to use the Services) in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by Proof Hosting, or any services offered by a third party, or interfere with any other party's use and enjoyment of any of our Services. You may not (nor will you permit your end users to) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:
- Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's property.
- Download any file posted by another user of a 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 Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Host TOR exit nodes.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
- Network probing or port scanning tools are only permitted if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited.
- Utilizing bots for the purpose of repeatedly and/or automatically acquiring merchandise and anything similar that violates 3rd party ToS that could result in the blocking of Proof HostingIP space or ASN or Proof HostingAffiliate IP space or ASNs. Proof Hosting reserves the right at all times to disclose any information as Proof Hosting deems 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 Proof Hosting's sole discretion.
Proof Hosting does not control or endorse the content, messages or information found in any Service and, therefore, Proof Hosting specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service.
In the event any instance uses excessive CPU from activities such as cryptocurrency CPU mining, Proof Hosting reserves the right to limit the CPU available to your instances in order to maintain a consistent level of performance on all our nodes.
Proof Hosting has no obligation to monitor the Services. However, Proof Hosting reserves the right to review materials posted to a Service and to remove any materials in its sole discretion. Proof Hosting reserves the right, in its sole discretion, to terminate your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. Your rights and obligations upon termination of any Service are governed by the Posting Terms of Service. Upon termination of the Service, your right to use the Service immediately ceases. Proof Hosting shall have no obligation to maintain any content termination of the Services.
NO SPAM; DAMAGES
Proof Hosting will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
NOTICE OF CLAIMED INFRINGEMENT
Proof Hosting respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Proof Hosting's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to:
Proof Hosting, LLC
221 N Hogan St #330
Jacksonville, FL 32202
Please do not send other inquiries or information to our Designated Agent.
NOTICE AND TAKE DOWN PROCEDURES
Proof Hosting reserves the right at any time to implement a 'notice and takedown' procedure upon receipt of any notification of claimed infringement. Proof Hosting reserves the right at any time to disable access to, or remove any material or activity accessible on or from any site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
CHILDRENS ONLINE PRIVACY PROTECTION ACT Compliance and Non-Applicability Statement
II. Revisions to this Policy
We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Policy by re-visiting this web page and using the "refresh" button on your browser. You should note the date of last revision to this Policy, which appears at the top of this Policy. If the "last modified" date remains unchanged after you have clicked the "refresh" button on your browser, you may presume that no changes have been made since the last reading of the policy. A changed "last modified" dates indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
III. Personal information that we collect
Visitors to our site and services will have multiple manners of interactivity with us. Depending upon your level of interaction, we will collect different information about you. The type of information collected is as follows:
Members - Members are those users who subscribe to our services will be prompted to provide their name, their address, their age, their phone number, and any other necessary billing information.
Posters - Posters are visitors to our site who choose to register to post information in our public forums. Minimal information is sought from Posters, and no actual personally identifying information must be submitted in order to become a Poster. Nevertheless, any information entered voluntarily by the Poster should be considered to be considered public information or information that is publicly available. If you do not wish for information to be made public, you should not enter it into your user profile when registering as a Poster.
Browsers - Browsers are visitors to the site who never enter into any active data collection pages. Any information gathered from Browsers is also gathered from Posters and Members. This information is restricted to cookies, IP Addresses and Referral URLs, and other passive information gathering devices (explained below).
IV. How we collect information from you
V. How we use your information
It is our policy not to use or share the personal information about Visitors or Members in ways unrelated to those described in this Policy without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, we may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including:
- To satisfy any laws, such as the Electronic Communications Privacy Act, regulations, or governmental, or legal requests for such information;
- To disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies;
- To operate our Services properly;
- To protect ourselves, our Members, and the general public.
We specifically reserve the right to disclose any and all information to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
We will always cooperate with law enforcement authorities, private-party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable requests of authorities or persons with the reasonable power to obtain such process.
VI. Transmittals from Us
We may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by contacting email@example.com or by clicking the opt-out link at the bottom of these emails. If you opt out of these marketing emails, you may still receive system notices and other information that is specifically related to your account. If you provide your information to us, use the Site, or subscribe to any of our services, you will have created a commercial relationship with us. In having done so, you understand that even unsolicited commercial email sent from us or our affiliates is not SPAM as that term is defined under the law.
VII. Public Forums, Member Directories, and Internal Messaging
Public Forums - Any information posted to a Forum should immediately be considered to be public information. Member Directories - Any information provided in a user profile, member directory, or other related service should be considered to be public information. We do not, can not, and will not act to maintain the privacy of any information that you provide in any such forum or medium.
Internal Messaging - We provide an internal messaging system for use between members of our Site. Any information that you send via this internal messaging system is not secure and is not considered to be private information. You should use caution when sending any personal information over the internal messaging system, and you should not transmit any information that you would not wish to see disclosed to the general public.
XIII. Our Commitment to Data Security
We take measures, including data encryption, to protect the transmission of all sensitive end-user information. We make every effort to ensure the integrity and security of our network and systems. Nevertheless, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information. We take commercially reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.
IX. How to Access or Modify Your Information.
We offer our Members the opportunity to access or modify information provided during registration. To access or modify such information, contact our Customer Service Department at http://www.proofgeist.com/cont...
GDPR Privacy Notice
For the purposes of applicable data protection law, Proof Hosting is the controller of any personal data collected from you on the Site, through the Services, or otherwise for the purpose of conducting or developing our business with customers and vendors. For the purposes of this Notice, personal data means any information relating to an identified or identifiable person.
Information We Collect Automatically
When you visit our Site, or use our Services, our server automatically collects certain browser or device generated information, including but not limited to:
- your domain
- your IP address
- your date, time and duration of your visit
- your browser type
- your operating system
- your page visits
- information from third parties
- other information about your computer or device
- Internet traffic
In some cases this information constitutes personal data, We do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.
Information You Provide
In order to access or use certain portions of the Site or Services, or enjoy the full functionality of the Site or Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:
- Persons who subscribe to our Services will be prompted to provide their name, their address, their email, their phone number, and any other necessary billing information.
- Persons who complete registration forms to sign up for membership on our Site will be prompted to provide their email address
- Site visitors, and prospective and current suppliers and subscribers, may provide personal data when filling in forms (for example, a 'Contact us' form) on our Site or at a trade show or anywhere else we conduct business; by downloading documentation from our Site; by subscribing to newsletters or other communications; by corresponding with us by phone, email or otherwise providing contact details. In these cases, typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any inquiries or complaints.
This personal data is required to enter into a contract with you (such as in anticipation of a supply agreement, or to learn about our Services) or to perform a contract with you (such as to provide Services), and failure to provide any information may result in our inability to provide requested Services or products.
Use of Personal Data
The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you in a separate notice or contract.
All processing and use of your personal data is justified by a "condition" for processing. In the majority of cases, processing will be justified on the basis that:
- the processing is necessary to perform a contract with you (such as if you subscribe to our Services) or take steps to enter into a contract at your request (such as to fill an order), or to provide product information you have requested;
- the processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting records;
- the processing is in our legitimate interests, which are not overridden by your interests and fundamental rights. Our legitimate interests are to use subscriber, Site user, supplier and customer data to conduct and develop our business activities with them and with others while limiting the use of their personal data to purposes that support the conduct and development of our business; or
- you have consented to the processing.
We use the personal data we collect to:
- provide you with Services you have subscribed for, or otherwise requested;
- provide you with documentation or communications which you have requested;
- administer and manage performance of purchase or sales agreements with our suppliers and customers;
- provide after-sales support;
- correspond with users to resolve their queries or complaints;
- market our services to persons whose Services have expired or otherwise been cancelled;
- engage you about events, promotions, the Site and Proof Hosting's products and services;
- process, evaluate and complete certain transactions involving the Site, and more generally transactions involving Proof Hosting's products and services;
- operate, evaluate, maintain, improve and develop the Site (including by monitoring and analysing trends, access to, and use of the Site for advertising and marketing);
- to increase your (and other users') experience according to tracked interests, to analyze and target potential new markets, and for other marketing purposes.
- protect and ensure safety of the Site, Proof Hosting confidential and proprietary information, and Proof Hosting employees;
- manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations;
- We also use non-personal data and aggregate information, such as that collected automatically, to customize our marketing efforts or to customize the use of our site for an aggregate group of customers.
Proof Hosting will not sell or rent your personal data to third parties.
Important Information for Subscribers - Community Forum and Internal Messaging
Any information (including personal data) provided in a user profile, member directory, or other related Service should be considered to be available to the public. We do not, cannot, and will not act to maintain the privacy of any information (including personal data) that you provide in any such forum or medium.
Disclosure of Personal Data
We may disclose personal data about Site visitors, users of our Services, or our suppliers or customers if, in our sole discretion, we believe that it is reasonable to do so, including:
- To satisfy any laws, regulations, or governmental or legal requests for such data;
- To disclose personal data that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies;
- To protect ourselves, our subscribers, and the general public. We specifically reserve the right to disclose any and all information (including personal data) to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
- To cooperate with law enforcement authorities, private-party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
- Share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, or those of any affiliated company, in which case personal data held by us about our users may be one of the transferred assets;
Transfer of Personal Data
If your personal data is transferred outside the EU to other Proof Hosting affiliates or to third party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the EU, including by entering into data transfer agreements using the European Commission approved Standard Contractual Clauses. The country to which your personal data is transferred, and whether each country benefits from a decision of the European Commission determining that the country provides adequate protection to personal data, is the United States of America. You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EU by contacting firstname.lastname@example.org.
Proof Hosting reserves the right to share any information that you provide which is not deemed personal data or is not otherwise subject to contractual restrictions.
The Site is not for use by children under the age of 16 years and Proof Hosting does not knowingly collect, store, share or use the personal data of children under 16 years. If you are under the age of 16 years, please do not provide any personal data, even if prompted by the Site to do so. If you are under the age of 16 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify Proof Hosting and Proof Hosting will delete all such personal data.
Where lawful to do so, and subject to your consent where required, we may communicate with you by email to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use the 'unsubscribe' link provided in our emails.
If you are a subscriber to our Services, we may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by contacting us at email@example.com or by clicking the opt-out link at the bottom of these emails. If you opt out of these marketing emails, you may still receive system notices and other information that is specifically related to your subscription account.
We take measures, including data encryption, to protect the transmission of all sensitive end-user information. We make reasonable efforts to ensure the integrity and security of our network and systems. Nevertheless, we cannot guarantee that our security measures will prevent third-party 'hackers' from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.
Retention of Your Personal Data
We apply a general rule of keeping personal data only for as long as required to fulfill the purposes for which it was collected. In general, we retain your personal data for a period of time corresponding to a statute of limitation, for example to maintain an accurate record of your dealings with us. However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
With respect to marketing, we retain your personal data for 18 months after your last request for service or other contact you initiate.
The Site may contain links to third party sites. Since Proof Hosting does not control nor is responsible for the privacy practices of those Sites, we encourage you to review the privacy policies of these third party sites. This Notice applies solely to personal data collected by our Sites or in the course of our business activities.
Right to withdraw consent - where applicable, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change your settings in your account on the Site, use the 'unsubscribe' link provided in our emails or otherwise contact us directly and we will stop sending you communications.
Right of access, rectification and erasure - you have the right to request access to and obtain a copy of any of your personal data that we may hold, to request correction of any inaccurate data relating to you and to request the deletion of your personal data under certain circumstances. You can see and update most of this data yourself online, or by contacting us directly at http://www.proofgeist.com/contact/
Data portability - where we are relying (as the legal basis for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal data is processed by automatic means, you have the right to receive all such personal data which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
Right to restriction of processing - you have the right to restrict our processing of your personal data (that is, allow only its storage) where:
- you contest the accuracy of the personal data, until we have taken sufficient steps to correct or verify its accuracy;
- where the processing is unlawful but you do not want us to erase the personal data;
- where we no longer need your personal data for the purposes of the processing, but you require such personal data for the establishment, exercise or defence of legal claims; or
- where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.
- Where your personal data is subject to restriction we will only process it with your consent or for the establishment, exercise or defence of legal claims.
You also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law.
Right to object to processing (including profiling) based on legitimate interest grounds - where we are relying upon legitimate interests to process personal data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
Right to object to direct marketing (including profiling) - you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.
Please contact us as indicated in Contact Information http://www.proofgeist.com/contact/ if you wish to exercise any of your rights, or if you have any inquiries or complaints regarding the processing of your personal data.
Changes to this Notice
We reserve the right to revise, amend, or modify this Notice and our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Notice by re-visiting this web page and using the 'refresh' button on your browser. You should note the date of last revision to this Notice, which appears at the top of this Notice. If the 'last modified' date remains unchanged after you have clicked the 'refresh' button on your browser, you may presume that no changes have been made since the last reading of the Notice. A changed 'last modified' dates indicates that this Notice has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
If you have any questions in relation to this Notice or you wish to exercise any of your rights, please contact us at:
Our Website(s) uses technologies that enhance user friendliness and engagement, to keep the Websites operating as smoothly as possible and to provide web services and functionalities for each visitor. Examples of these technologies are cookies, pixel tags, local storage and scripts (hereinafter collectively referred to as "cookies").
Cookies are used for a variety of purposes. For example, they calculate web statistics, provide online advertising and they improve visitor's experience on our Website(s). As your privacy is important to us, we would like to inform you about which cookies are used on our Website(s), as well as why we use them.
We may use the following cookies on our Website(s):
- Functional cookies - these cookies are essential in order to ensure that our Website(s) operates properly. They are used to save preferences, detect misuse of our Website(s) and services and to distribute the load on our servers, which keeps our Website(s) available. Certain services you may request cannot be provided without these cookies.
- Web statistics cookies - these cookies are used to determine which parts of our Website(s) interest our visitors. This enables us to make the structure, navigation, and content of our Website(s) as user friendly as possible. These cookies are used to (i) keep track of the number of visitors to our web pages; (ii) keep track of the amount of time each user spends on our web pages; (iii) determine the order in which a visitor visits the various pages of our Website(s); (iv) assess which parts of the Website(s) need to be changed; and (v) optimize the Website(s). [Software from third parties (Google Analytics ) may be used for these purposes. Information generated by the use of Google Analytics may be transmitted to and stored on a Google server in the US. Due to activated IP address anonymisation on the Website(s), Google will mask your IP address before collecting it.]
- Advertising cookies - our Website(s) may also enable third-party tracking mechanisms to collect data over time and across unaffiliated websites for use in interest-based advertising. For example, third parties may use the fact that you visited the Website(s) to send you online ads for Proof products on third-party websites. In addition, our third-party advertising partners might use information about you to send you targeted advertisements based on your online behavior in general.
We or our third-party service providers also may use collected information to establish connections among related web browsers and devices (such as smartphones, tablets, computers, and TVs) for targeted advertising, analytics, attribution, and reporting purposes. These third parties may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that information about your activity on websites or apps on your current browser or device may be combined with information collected from your other browsers or devices.
- Other cookies - this category includes cookies that do not fit into one of the above cookie categories. One example of this is the bundling of several of the cookies via Google Tag Manager.
How to manage cookies
If you do not want our Website(s) to store cookies on your device, you can change your browser settings so that you receive a warning before certain cookies are stored. You can also adjust your settings so that your browser refuses most of our cookies or only certain cookies from third parties. You can also withdraw your consent to cookies by deleting the cookies that have already been stored.
Please be aware that if you do not want to accept any cookies, we cannot guarantee that our Website(s) will function properly. It may be that several functions will be unavailable to you or that you will even be unable to view certain parts of the Website(s).
Please note that you will have to change your settings for each browser and device you use. Moreover, such methods will not work with respect to certain non-cookie online tracking technologies.
The procedures for changing your settings and cookies differ from browser to browser. If necessary, use the help function on your browser.
There are also software products available that can manage cookies for you. You can also use www.ghostery.com to accept or refuse each cookie used on our Website(s).
To find out more about cookies, including how to see what cookies have been set and how to manage or delete them, visit www.allaboutcookies.org.
If you have any questions about the cookies used on our Website(s), please contact us at http://www.proofgeist.com/contact/ .