Terms of Service

The following terms and conditions ("Terms") govern all use of the Proseful.com website and all content, services, and products available at or through the website (taken together, our "Services"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Proseful's Privacy Policy) and procedures that may be published from time to time by Proseful (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

We refer to Proseful Inc. as "Proseful" or "we" throughout this agreement.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Proseful, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.

1. Your Proseful.com Account

If you create a blog on Proseful.com, you get to use a Proseful-owned subdomain, such as example.proseful.com. You must not engage in "domain squatting," claim an unreasonable number of subdomains (as determined by us), or sell access to any subdomains. You are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Proseful of any unauthorized uses of your blog, your account, or any other breaches of security. You must be a human. Accounts registered by automated methods are not permitted. Proseful will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Users

If you operate a blog, post material to Proseful.com, post links on Proseful.com, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party websites or boost the search engine rankings of third party websites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
• your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Proseful or otherwise.

By submitting Content to Proseful for inclusion on your blog, you grant Proseful a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. If you delete Content, Proseful will use reasonable efforts to remove it from Proseful.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Proseful has the right (though not the obligation) to, in Proseful's sole discretion, (i) reclaim your blog's URL due to prolonged inactivity, (ii) refuse or remove any content that, in Proseful's reasonable opinion, violates any Proseful policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Proseful.com to any individual or entity for any reason. Proseful will have no obligation to provide a refund of any amounts previously paid.

3. HTTPS

We offer free HTTPS on all Proseful.com blogs by default, including those using custom domains, via Let's Encrypt. By signing up and using a custom domain on Proseful.com, you authorize us to act on the domain name registrant's behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your blog.

4. Fees, Payment, and Renewal

4.1. Fees

Some of our Services are offered for a fee—such as a Proseful.com plan ("Paid Services"). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we'll bill or charge you for in regular intervals (such as monthly, or annually), on a pre-pay basis until you cancel, which you can do at any time from the Account section of your Proseful.com account dashboard.

4.2. Taxes

To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). You are responsible for payment of all applicable Taxes relating to your use of our Services. If we are obligated to pay or collect Taxes on the Fees you've paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.

4.3. Payment

If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.

4.4. Automatic Renewal

To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a Proseful.com monthly plan, you will be charged each month.

4.5. Refunds

While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.

4.6. Fee Changes

We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Paid Service.

5. Responsibility of Visitors

We have not reviewed, and cannot review, all of the material (such as content) posted to our Services by users or anyone else ("Site Materials"), and are not responsible for any Site Materials' content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone's use, purchase or downloading of Site Materials. If you access or use any Site Materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights, (see section 7 below to submit copyright complaints) and other proprietary rights, of third parties. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Please note that additional terms and conditions may apply to the downloading, copying, or use of Site Materials.

6. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Proseful.com links, and that link to Proseful.com. Proseful does not have any control over those non-Proseful.com websites, and is not responsible for their contents or their use. By linking to a non-Proseful.com website, Proseful does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Proseful disclaims any responsibility for any harm resulting from your use of non-Proseful.com websites and webpages.

7. Copyright Infringement

As Proseful asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Proseful.com violates your copyright, you are encouraged to notify Proseful at the contact information below. Proseful will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Proseful will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Proseful or others. In the case of such termination, Proseful will have no obligation to provide a refund of any amounts previously paid to Proseful.

8. Intellectual Property

This Agreement does not transfer from Proseful to you any Proseful or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Proseful. Proseful, Proseful.com, the Proseful.com logo, and all other trademarks, service marks, graphics and logos used in connection with Proseful.com or our Services, are trademarks or registered trademarks of Proseful or Proseful's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Proseful or third-party trademarks.

9. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

10. Termination

Proseful may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Proseful.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties

Our Services are provided "as is." Proseful and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Proseful nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

12. Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services and all disputes, claims or other matters arising from or relating to your use of our Services will be governed by the laws of the Province of Prince Edward Island and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The proper venue for any disputes arising out of or relating to any of the same will be courts situated in the City of Charlottetown, Province of Prince Edward Island and you submit to the jurisdiction of such courts. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees.

13. Limitation of Liability

In no event will Proseful, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Proseful under this Agreement during the twelve (12) month period prior to the cause of action. Proseful shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty

You represent and warrant that your use of our Services: (i) will be in strict accordance with this Agreement; (ii) will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from Canada or the country in which you reside, privacy, and data protection); and (iii) will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification

You agree to indemnify and hold harmless Proseful, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, and materials (such as content) that you post.

16. Miscellaneous

This Agreement constitutes the entire agreement between Proseful and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Proseful, or by the posting by Proseful of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Proseful may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

If you have any questions regarding this Agreement or your use of our Services, please contact us at support@proseful.com.

If you find a Proseful.com account that you believe violates these Terms of Service, please contact us at support@proseful.com to let us know.

❤️ Thanks to Automattic for making the Wordpress.com Terms of Service available for repurposing.