ProAmerica Web Hosting Terms of Service
Last Updated: April 30, 2024
These Terms of Service (“Agreement”) constitute a legal agreement between ProAmerica Web Hosting, LLC (“ProAmerica Web Hosting” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement outlines the general terms and conditions for your use of the products and services provided by ProAmerica Web Hosting and the ProAmericaWebHosting.com website (collectively, the “Services”). By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree to these terms, you are not authorized to access or use the Services. Please note that this Agreement includes a class action and arbitration clause that affects your rights.
Additional Policies and Agreements The use of our Services is also governed by the following, which are incorporated by reference into this Agreement:
Additional terms may apply to specific Services and are incorporated by reference into this Agreement as applicable.
Account Eligibility By registering for or using the Services, you represent and warrant that:
You are responsible for providing true, accurate, current, and complete information in the registration forms. You must maintain the accuracy and completeness of this information. We are not responsible for any service issues arising from incorrect account information. Providing false information may result in termination of your account.
Transfers We offer a courtesy transfer service for up to 10 cPanel accounts from your previous hosting provider to ProAmerica Web Hosting, provided we can obtain a full cPanel backup and the account size does not exceed 1 GB. This service is available for 30 days from your sign-up date. Transfers outside this period may incur charges. We do not guarantee the availability or time required to complete a transfer and are not liable for any lost or missing data during the transfer process.
Content Ownership All content through the Services, except User Content, is the property of ProAmerica Web Hosting. You may not modify, distribute, or reproduce any content without express permission. User Content posted by you is your responsibility. By using the Services, you grant ProAmerica Web Hosting a non-exclusive, royalty-free license to use and archive your User Content as necessary for providing the Services.
Third-Party Products and Services We may offer third-party products and services, which are subject to their own terms and conditions. We are not liable for the quality or delivery of third-party services.
Account Security It is your responsibility to secure any scripts or programs installed under your account and to maintain secure passwords. ProAmerica Web Hosting may monitor systems to ensure security but is not obligated to do so.
Billing and Payments You agree to prepay for the Services and ensure that your billing information is up to date. Listed fees do not include taxes, which will be charged separately. You are responsible for timely payment of all fees.
Cancellations and Refunds Services can be canceled by submitting an email notice via support@proamericawebhosting.com. Refunds for hosting services are available as per our final judgment depending on the situation. Please notify us within 24 hours of your payment/renewal going through for a higher likelihood of a full refund.
Termination ProAmerica Web Hosting may terminate your Services if you fail to comply with this Agreement or for any action that might harm ProAmerica Web Hosting or others.
Limitation of Liability ProAmerica Web Hosting is not liable for indirect, consequential, exemplary, incidental, or punitive damages arising from your use of the Services.
Arbitration Any disputes arising under this Agreement will be resolved through arbitration by the American Arbitration Association in Kansas City, Missouri.
Changes to this Agreement ProAmerica Web Hosting reserves the right to modify this Agreement at any time. Changes will be effective immediately upon posting.
This Agreement, along with the policies and agreements referenced, constitutes the entire agreement between you and ProAmerica Web Hosting regarding the use of the Services.
Governing Law This Agreement shall be governed by the laws of the State of Missouri, without regard to its conflict of laws principles. Any legal action or proceeding related to this site (including, but not limited to, those arising from dealings with ProAmerica Web Hosting and purchases made thereon) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Kansas City, Missouri.
Independent Contractor ProAmerica Web Hosting and the User are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship between ProAmerica Web Hosting and the User.
Class Action Waiver You and ProAmerica Web Hosting agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and neither you nor ProAmerica Web Hosting will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
Disclaimer ProAmerica Web Hosting does not guarantee that the Services will be uninterrupted or error-free, and you agree that from time to time ProAmerica Web Hosting may remove the Services for indefinite periods of time, or cancel the services at any time, without notice to you.
Backups and Data Loss Your use of the Services is at your sole risk. ProAmerica Web Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on ProAmerica Web Hosting’s servers.
Limited Warranty THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ProAmerica Web Hosting 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 and non-infringement. ProAmerica Web 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 ProAmerica Web Hosting make any warranty as to the results that may be obtained from the use of the Services.
Disclosure to Law Enforcement ProAmerica Web Hosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Changes to the Services ProAmerica Web Hosting reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Changes may be made to maintain or improve service quality, to comply with legal regulations, or to support the economic viability of the Services.
Severability If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Assignment This Agreement may not be assigned by you without our prior written consent, but may be assigned without your consent by ProAmerica Web Hosting to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.
Waiver No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ProAmerica Web Hosting’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement This Agreement constitutes the entire agreement between you and ProAmerica Web Hosting with respect to the Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ProAmerica Web Hosting.
By continuing to use the Services after changes are made to this Agreement, you agree to be bound by any such amended provisions. If you have any questions about this Agreement, please contact us at contact@proamericawebhosting.com or hello@proamerica360.com.
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