Terms and Conditions of Use
By accepting an account with Pro Artist Websites, a division of Chronosynthesis Productions, Inc. ("PAW"), the Customer ("you") agrees to the following terms and conditions:
- Initial term of this agreement begins on the day PAW initiates services for your use and ends on the last day of the next calendar month (or 30 days after initiation of services in the case of a free trial account). The agreement will automatically renew for successive one calendar month terms unless PAW notifies you, or you notify PAW in writing of a wish to cancel this agreement.
- You will be responsible for the monthly account maintenance fee, charges for disk space, and any other fees set forth in PAW's rate schedule for the type of account and form of billing you choose. PAW reserves the right to change its fees, terms and conditions at any time by notifying you at least 10 days in advance of the effective date of the changes. Any fees charged by the month, including monthly maintenance fees, will be charged to your account at the beginning of each month. Usage fees will be charged to your account as they are incurred.
- You are solely responsible for all use of your accounts and for the content of any transmissions over the internet made by any user of your account. Using PAW's computer resources without authorization or providing false or misleading information for the purpose of obtaining access to PAW's computing systems is prohibited. You must take all reasonable precautions, such as password maintenance and file protection measures, to prevent unauthorized use of your account. You agree to indemnify, defend, and hold PAW harmless from any claims, loss, liability, or expense, including, without limitation, reasonable attorney's fees and other expenses of defense, arising out of or related to any activity on your account.
- Neither you nor any person using your account is permitted to use PAW's systems for:
- Any transmission in violation of the law or in aid of any unlawful act; or
- Accessing, altering, or destroying any information of another by any fraudulent means or device, or attempting to do so; or
- Interfering with or disrupting other system users, services, computer resources, or equipment, intentionally or otherwise, including, without limitation, distribution of unsolicited advertising ("SPAM") or chain letters, violations of USENET news etiquette, or propagation of computer worms or viruses.
- Notwithstanding any other term or condition of this agreement, to protect the integrity of PAW's systems and its users against unauthorized or improper use of PAW's systems, PAW reserves the right, without notice, to limit or restrict any individual's use and to inspect, copy, remove or otherwise alter any data, file, or system resource which may undermine the authorized use of PAW's systems. PAW also reserves the right to check its systems periodically and to take any other action reasonably necessary to protect its systems.
PAW may provide you with Software on the basis of a non-exclusive personal license for your use only. Unless otherwise provided in a separate agreement specific to any particular Software, your use of the Software will be governed by this agreement. The Software is NOT sold to you. PAW grants to you the non-exclusive right to use all or a portion of this Software as long as:
- the Software is not distributed or made available to any third party whether for profit or otherwise;
- the Software is used only for the intended purpose of your use of the Services;
- the Software is not modified; and
- you comply with all the terms and conditions of this agreement.
- Intellectual Property Rights
PAW and/or our licensors own the Software and all intellectual property rights associated with the Software. You must not remove the copyright, ownership or other proprietary notices from any part of the Software.
- Transfer of License
You may not transfer your license of the Software to a third party. Therefore, you may not assign, lend, sell, lease, rent or sub-license the Software to anyone.
- Decompiling, Disassembling, or Reverse Engineering
You acknowledge that the Software contains our or our licensors' trade secrets, intellectual property rights and other proprietary rights. You must not decompile, disassemble or otherwise reverse engineer any part of the Software, or engage in any other activities to obtain underlying information in or about the Software that is not visible to the user in connection with normal use of the Software.
- Limitation of Liability
- No action, regardless of form, arising out of the use of PAW systems or under these Terms and Conditions of Use may be brought by you more than one year after the occurrence of the event which gave rise to the cause of action.
- Without limiting the foregoing, under no circumstances shall Chronosynthesis Productions, Inc. be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, loss of data, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
- Proprietary Rights
- All Content contained in sponsor advertisements or presented to you through the Services by us, our advertisers, content/applications providers or third parties, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree that you are only permitted to use such Content as expressly authorized by us, the advertiser, the provider or third party in question.
- You are not permitted to copy, reproduce, distribute, or create derivative works from such Content without written authorization from us, the advertiser, the provider or third party in question.
- You are not permitted to post any content in electronic format, be it video, audio, text or photographs where you are not the owner of that content, unless you have authorization from the owner to do so, or it is in the public domain.
- Pornography and Computer Viruses
- PAW allows no pornography or obscene material on any of our publicly hosted websites or on any of our systems. PAW reserves the right to immediately suspend all access to your website and account if pornography or obscene material is found on it. PAW is and will be the sole judge as to what constitutes pornography.
- PAW is diligent about curtailing the propagation of computer viruses on our systems and on the internet. If any files containing viruses are detected in your account, they will be deleted automatically upon detection, and possibly without notifying you.
- Ending the Services
- At any time, we may terminate the Services without assigning any reason to you.
- At any time after signing up with PAW, you may terminate the Services by giving us at least 30 days' written notice.
- The effective date of termination of the Services will occur at the start of the next calendar month where we receive your notice to terminate after your billing cycle. For example, if we receive your notice to terminate on 26 April, the Services will only be terminated on 1 June and you will be liable for all Charges up to such termination date.
- In Conclusion
- These Terms and Conditions of Use supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
- If you are under 18, you may open a PAW account only if a parent or guardian signs the appropriate form agreeing to the terms and conditions of this agreement and agreeing to pay for any charges incurred for your use of PAW's systems or any use of your PAW account.
- Your use of PAW's systems, whether or not you sign the written form of this agreement, means that you accept these Terms and Conditions of Use, and certifies that you have read and understand this agreement. Your use of PAW's systems also certifies that the information contained in your application for an account with PAW is true, accurate, and complete.