30 DAY MONEY BACK GUARANTEE:
Email Pros, Inc. will issue a full refund to any customer who is not satisfied with the service and requests a cancellation and refund within 30 days of sign up. There are no refunds for registered domain names, domains names transferred to our service, and SSL Certificates.
1. Email Pros, Inc. is in the business of providing Secure HIPAA Compliant email service, business web hosting, and technical support for such services.
2. Client desires to use email and web hosting services provided by Email Pros for the term of one month ("month to month") from the deployment date. The deployment date shall be the date that clients' services are turned on, ("Service Start Date").
3. Email Pros shall provide basic services ("Email Services/ Web Hosting") to Client, which shall include hard disk storage space, database storage space, and bandwidth. If Client uses more than the allotted storage space or bandwidth, Client may be charged for excess storage space / bandwidth usage in excess of the commitment plan.
4. The total fee for Services and any other upgrades as picked by client from the internet shopping cart, are payable in advance of the start of service as required herein, and are charged monthly thereafter, unless Client chose to prepay 3, 6, or 12 months in advance. Email Pros will automatically charge the monthly and other fees to the Clients credit card each month or per term selected by Client. Email Pros shall be authorized to automatically charge the Client's credit card if the Client provides the account information. The Client will be provided a user name and password to login to the My Account area to manage billing services.
5. Client is and understands and agrees that:
a. The fee for customized technical support services shall be $50 per hour. Administrative Services are free. There shall be no cost for restarting any web site or database. Connectivity or service related technical support is free.
b. Client may be required to make an additional deposit to cover anticipated excessive bandwidth usage if the control panel bandwidth graph shows bandwidth usage in excess of the bandwidth commitment rate. Excessive usage shall be any bandwidth usage over the Subscription Rate. Failure to deposit payment for excessive bandwidth usage at the Subscription Rate may result in suspension of account until such payment is made. Email Pros shall, of course, make reasonable attempts to notify client of such excessive usage.
c. If Client so requests custom technical support or Email Pros must provide custom technical support or custom administration for Client at a later date, Client shall pay to Email Pros $50 per hour for the total hours of Custom Support or Custom Administrative Services needed and/or requested by client.
d. All fees shall be due from Client in advance and shall be received by Email Pros prior to the ("Due Date") for the preceding month of service. Not receiving an invoice from Email Pros prior to Due Date is not grounds for delay of payment. This document and/or the online billing website will suffice as an invoice for the term of this agreement. If payment is not received by the Due Date, Email Pros, may at its sole discretion, disconnect services to Client without prior notice and without any liability to Email Pros.
e. In the event that Client pays the monthly charges after the disconnect event, and Email Pros agrees to reconnect service to the Client, there shall be a minimum re-connection charge of $25, (30) days AFTER the Due Date. If payment is not received on the sixtieth (60) day AFTER the Due Date, Email Pros will permanently close and delete the Client's account including all data stored on our servers.
f. After the disconnection event for any reason, Client is still required to pay service fees equal to the rate in paragraph 4 - the normal monthly rate or prepaid term.
g. Email Pros shall not be required to refund any fees to Client charged pursuant to this Agreement, except by mutual agreement.
h. Client can cancel this agreement anytime. Email Pros will issue a pro-rated refund in the event of cancellation.
i. Client is aware that Client is required to make a reasonable effort to estimate the monthly bandwidth usage and prepay such amount for the first month of this contract. Subsequent months shall be billed and based upon the monthly bandwidth usage of the prior 30 days and shall be payable by the Due Date of each subsequent month for the term of this agreement.
6. Client is aware and understands that:
a) Email Pros obtains its electrical power from the local public utility company, Anaheim Public Utilities, the ("APU"). Email Pros cannot guarantee the performance of the APU. Email Pros is not responsible for the failure of the APU to perform, or any consequences resulting from such failure.
b) Email Pros shall reserve the right to change bandwidth providers without notice.
c) Availability of Internet access to Email Pros is not entirely under the control of Email Pros.
d) While Email Pros' goal is to provide uninterrupted service to Client, there will be times that the connectivity to the Internet may be disrupted, in which case Internet access will not be available to Email Pros and our Equipment at the Data Center. Email Pros is not responsible for the failure of internet connectivity, or any consequences resulting from such failure.
e) Equipment may shut down or malfunction at any time due to a variety of reasons, including but not limited to: power surges from the Public Utility, Equipment malfunctions, software problems, Internet problems, and other reasons beyond Email Pro's reasonable control. Email Pros is not responsible for interruption of service related to these events, or any consequences resulting from such interruptions.
f) Email Pros may have regular or periodic disruption of services due to scheduled and unscheduled maintenance of the equipment in the Data Center. Email Pros will attempt to notify Client of the dates and times of any scheduled maintenance disruptions via email or phone.
7. Email Pros is not responsible for lost business, financial or otherwise, resulting from any of the services that it offers. Such guarantees are not included in this agreement and would require separate written agreement, with additional consideration to enforce such guarantees. Should Email Pros be found liable the maximum client can recover in any action for any reason is equal to the recurring charge for one month of service.
8. Email Pros does not carry insurance for Client's data of any kind, Client should carry its own insurance or provide its own remedy for losses due to:
a) Discontinuation of email connectivity for any reason whatsoever,
b) damage to the Client's data due to any reason, including without limitation, fire, theft, water leakage, earthquake and all acts of God, and
c) loss of income to Client, damage to Client's data, or losses due to any other possible incident (together "Losses"). In any case, Client shall hold Email Pros, its employees, agents and assigns harmless against all Losses to Client.
9. Client shall indemnify, defend and hold Email Pros, its employees, officers, agents and assigns against all claims, losses and cause of action by anyone due to connectivity of Client's email and web site through the facilities of Email Pros at the Data Center ("Indemnification"). This Indemnification shall include all causes of action, including without limitation, claims, suits, judgments, collection activity, and harassment.
10. Email Pros shall have the right to discontinue service to the Client at any time, without refund , and is also entitled to actual damages, if the Client causes any of the following to occur:
a) Violation of the terms of service herein stated, and/or as periodically changed at https://www.emailpros.com/tos.html
b) False statements for personal gain at the expense of Email Pros.
c) Failure to follow instructions of Email Pros staff or management.
d) Attempt to remove data from our server while a fee is outstanding.
e) Violation of any rule of the datacenter.
f) Violation of any law or government regulation law or issuance of any judicial action or governmental order to interrupt the Server or Equipment operation.
g) Unannounced excessive bandwidth usage for which a deposit has not or is not provided.
h) SPAM originating or relaying from, or advertising sites, on Client's web site or email usage. SPAM disconnections may result in a termination fee as outlined in paragraph 5. Email Pros may disconnect and/or terminate service to Client if Client gets listed on SpamHaus or Barracuda or other serious black lists and may refuse service to Clients listed on the Spamhaus ROKSO list of "registry of known spam organizations."
i) Running an IRC Server, eggdrop server, botnet server, or selling "shell" hosting accounts.
j) Mismanaged web site or email by the Client that results in, or could potentially result in, any form of harm or interruption of services provided by Email Pros.
k) Denial of Service attacks incoming or outgoing from the Client's web site or email.
l) Violation of Email Pros security procedures as posted or instructed by Email Pro's staff or management.
m) Other types of abuse not specifically mentioned here but which could potentially result in, any form of harm or interruption of services provided by Email Pros or that may harm other networks. Email Pros reserves the right to refuse service to anyone for any reason.
11. Parties both agree that any dispute arising between the parties shall be submitted to confidential arbitration in a location chosen by the company. Arbitration under this agreement shall be conducted under the rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction to the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class action proceedings or otherwise. Billing disputes must be sent to firstname.lastname@example.org within three (3) months of the date of the charge. No claim may be brought by the Client for any dispute arising from this Agreement more than three (3) months from the date of the occurrence which gives rise to the dispute.
12. This Agreement shall be the only agreement between the parties. All prior written and verbal representations and communications between the parties related to the services as as selected via the online shopping cart shall be null and void. Amendments to this agreement shall be in writing, executed by Client and Email Pros. If, Client is a person, he or she, shall personally guarantee this Agreement. If Client is a legal entity such as a corporation, partnership, limited liability company, etc., and Email Pros has not specifically approved the credit of such entity in writing, the Guarantor herein below shall fully and personally guarantee the performance of this Agreement. Client agrees to supply a copy of current Identification, either current driver's license, state issued ID card, or current passport for the purpose of Email Pros performing a one-time identity verification.
13. Unless terminated by sending an email to Email Pros or via support ticket, the term of this contract shall extend for one additional period as selected via the online shopping cart. If no period is stated, this is a month-to-month contract.
14. In the event of litigation or a dispute between Client and Email Pros, the non-prevailing party shall reimburse the prevailing party for all reasonable, arbitration costs, attorney fees and any other legal fees or costs resulting from the dispute, whether or not the dispute is resolved through arbitration or court.
15. If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Contract shall remain in full force and effect.
16. This agreement shall be interpreted under the laws of the State of California. Any litigation under this agreement shall be resolved in the trial courts of Orange County, State of California.
17. Any rights Clients may have under this agreement are not transferable or assignable.
AGREEMENT BETWEEN Client and Email Pros
Email Pros, Inc.'s services are offered to Client conditioned on Client's acceptance without modification of the terms, conditions, and notices contained herein. Client's use of Email Pros' services constitutes Client's agreement to all such terms, conditions, and notices.
Email Pros, Inc. reserves the right to change the terms, conditions, and notices under which the Email Pros' services are offered, including but not limited to the charges associated with the use of the Email Pros' services.
LAST CHANGED ON 12/2/13
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