Terms of Use

Effective Date: March 01, 2023

1. ACCEPTANCE OF TERMS

1.1 These Terms of Use ("Terms") govern your use of the Proxprime server hosting website ("Proxprime" or "Website"), as well as all related services provided by Proxprime.

1.2 By using the Website, you confirm that you accept these Terms and agree to abide by them. If you do not agree to these Terms, you must not use the Website.

1.3 Proxprime may revise these Terms at any time by updating this posting. You should visit this page periodically to review the Terms, as they are binding on you.

2. SERVICES

2.1 Proxprime provides server hosting services on a business-to-business (B2B) basis. Proxprime does not offer services to individual consumers or provide user accounts or login capabilities on the Website. The agreed services shall be provided in accordance with the contractual agreements and in compliance with the relevant provisions applicable at the time the contract is concluded.

2.2 Proxprime reserves the right to modify its services and pricing at any time without prior notice.

3. USE OF THE WEBSITE

3.1 You may only use the Website for lawful purposes. You may not use the Website: in any way that breaches any applicable local, national, or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

3.2 You may not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

4. INTELLECTUAL PROPERTY

4.1 All intellectual property rights in the Website and the material published on it are owned by Proxprime. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 By using the services provided by Proxprime, you agree not to infringe upon any of Proxprime's intellectual property rights. You will not, and will not attempt to, directly or indirectly, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website.

5. LIMITATION OF LIABILITY

5.1 To the extent permitted by law, Proxprime excludes all conditions, warranties, representations, or other terms which may apply to the Website or any content on it, whether express or implied.

5.2 Proxprime will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Website.

6. INDEMNITY

6.1 You agree to indemnify, defend and hold harmless Proxprime, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Website or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

6.2 This indemnity obligation will survive the termination or expiration of these Terms and your use of the Website or services provided by Proxprime.

7. CLIENT CONTENT

7.1 Client agrees that web pages and files uploaded to Proxprime servers will not violate any local, national, or international laws or regulations; infringe on any intellectual property rights of Proxprime or any third party; be defamatory, slanderous, or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Proxprime or any third party.

7.2 Proxprime's clients may not use their services as a reseller, meaning that clients may not host any websites that are not owned by the client on record at Proxprime, unless the client has contracted for our reseller hosting service. Unacceptable uses also include but are not limited to unsolicited bulk emailing, spamming, content promoting hate or discrimination, child pornography, explicit adult content or links to such sites, copyright infringement, trademark infringement, unauthorized distribution of music, movies, software, or other protected materials.

7.4 Proxprime will be the sole and final arbiter as to what constitutes a violation of this policy. While Proxprime does not ordinarily monitor the contents of clients' servers, Proxprime reserves the right to investigate and terminate the client's subscription to the service if suspicion of policy violation arises.

8. GOVERNING LAW

These Terms of Use, their subject matter, and their formation are governed by the laws of the jurisdiction where Proxprime is located.

9. DISCLAIMER OF WARRANTY

9.1 The provision of server hosting and internet services relies on a complex network of hardware, software, network services, and information providers. Due to the interdependent nature of these services, not all services may be available at all times.

9.2 Proxprime offers a 99.9% uptime guarantee, applicable only to the Proxprime servers and our primary co-location internet connection. Proxprime seeks partnerships with all top-tier resources and channels to maintain maximum uptime. However, Proxprime is not responsible for any downtime caused by any provider's hardware or network malfunction beyond Proxprime's direct control.

9.3 Proxprime's clients have diverse websites with various functionalities. Proxprime cannot be held responsible for any service interruption due to a client's error, including but not limited to spamming, being the target of a Distributed Denial of Service (DDOS) attack, or any other internet or cyber attack.

9.4 PROXPRIME MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Proxprime nor anyone else involved in the provision of Service is liable to you or any third party for direct or indirect damages resulting from the use, or non-use of services provided herein, whether or not such damages resulted from the negligence of Proxprime, even if Proxprime has been advised of the possibility of such damages.

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