Acceptable Use Policy

ProStores maintains this Acceptable Use Policy ("AUP") to provide users of its hosting services ("You" or "Your") and ProStores' various systems and network (the "Services") with information relating to Your use our site at www.ProStores.com (the "ProStores Website").

ProStores may amend this Acceptable Use Policy at any time by posting the amended AUP on the ProStores Website. All amended terms shall automatically be effective 30 days after they are initially posted on the ProStores Website. Your continued use of ProStores Services will constitute Your acceptance of any changes or additions to this Acceptable Use Policy.

Scope and Application of AUP

This AUP forms an integral part of the Merchant User Agreement (as posted on the ProStores Website and amended from time to time). Your compliance with, and cooperation in ProStores' enforcement of, this AUP is an important condition to Your continuing contractual rights to use the Services.

This AUP is not intended to address all possible unacceptable uses of the Services. As a result, ProStores reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate Your Services, or take such other action as ProStores deems appropriate in its sole and exclusive discretion.

Lawful Purpose

You may use the Services only for lawful purposes. You may not transmit, store or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use the Services to facilitate, or otherwise assist others in, the violation of any law or regulation.

Prohibited Activities

You agree that Your activities and any products, services or content published and distributed through Your store using the ProStores Services shall not:
  • violate the list of Prohibited and Restricted Items Policy that is incorporated herein;
  • be false, inaccurate or misleading;
  • be fraudulent or involve the sale of counterfeit or stolen items;
  • infringe or misappropriates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);
  • be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
  • be obscene or contain child pornography;
  • contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally int
  • involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and You shall not use Your account or Your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;
  • involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent You shall maintain a written record for a period of three (3) years after any termination of the Merchant User Agreement;
  • be harmful or potentially harmful to the ProStores Server structure as determined in ProStores' sole discretion, including without limitation overloading the ProStores technical infrastructure;
  • involve subleasing Your account or offering "free space" on or other access to Your account or Your Store to third parties;
  • create liability for ProStores and its subcontractors or expose them to undue risk or otherwise engage in activities that ProStores, in its sole discretion, determines to be harmful to ProStores' affiliates, operations, reputation, or goodwill ;
    • and
  • link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation.

Restricted Activities (Special to PayPal)

PayPal users should be aware that PayPal will not process payments for certain activities. PayPal's Acceptable Use Policy identifies activities that are illegal or may be illegal under certain circumstances, and details certain types of activities for which PayPal has decided not to process payments, even if the activities may be legal.

Your relationship with PayPal is separate from Your relationship with ProStores and is governed by the terms and conditions contained in the PayPal User Agreement and the PayPal Privacy Policy. Such terms and conditions are available at PayPal

Privacy

View ProStores's Privacy Information While ProStores is concerned with the privacy of on-line communications and websites, the Internet is no more secure than other means of communications. You should assume that all on-line communications are insecure. ProStores is not responsible for the security of any information transmitted over its Services.

Spamming and Related Activities

ProStores strictly prohibits Your use of ProStores' Services to transmit SPAM or to host a site that is advertised or announced via SPAM. "SPAM" is any form of unsolicited advertisement or informational announcement that is transmitted, whether singularly or in bulk, via any Internet-based communications medium. Activities that violate this AUP may also subject You to civil liability to third parties and to criminal penalties.

Permission Based Communications

You may use ProStores' Services to transmit permission-based communications for purposes of marketing Your goods and services, provided that You otherwise comply with the standards set out in this AUP, the ProStores Privacy Policy and all applicable laws including, but not limited to, the CAN-SPAM Act. All marketing conducted using ProStores' Services must be permission (opt-in) based. You must keep adequate and verifiable records to prove that Your marketing is strictly permission-based. In addition, should You purchase mailing lists or other types of data that are to be used to contact third parties via ProStores' Services, You must verify that the lists have been compiled on a strict "opt-in" basis.

In addition to the above, all permission-based communications sent using ProStores' Services must include the following (and You are required to take the corresponding actions set forth below):

  • A working "unsubscribe" link. (You must honor all unsubscribe requests within 72 hours from the time they enter ProStores' Services.)
  • The recipient's accurate e-mail address in the "to" line and the sender's accurate e-mail address in the "from" line.
  • A working link to Your privacy policy.
  • A working "abuse" address and/or link. (You must answer all complaints forwarded to this address within 72 hours from the time they enter ProStores' Services.)
  • An up-to-date website that corresponds with the domain portion of the response e-mail. Your store must conspicuously display Your up-to-date mailing address, telephone number and facsimile number.

You are solely responsible for the transmission of all such permission-based communications related to Your store and Your use of the ProStores Services. ProStores reserves the right to suspend or terminate Services to You and Your Store in the event ProStores receives, in its sole and exclusive discretion, an excessive number of complaints related to Your permission-based communications, whether such complaints are made by parties whom "opt-in" or otherwise.

Prohibited Uses

YOUR USE OF PROSTORES' SERVICES MAY NOT VIOLATE ANY OF THE PROVISIONS IN THIS AUP. PROSTORES MAY SUSPEND OR TERMINATE YOUR SERVICES, OR ALTERNATIVELY REMOVE (TO THE EXTENT POSSIBLE) ANY MATERIALS, IF IT DETERMINES, IN ITS SOLE AND EXCLUSIVE DISCRETION, THAT YOU HAVE ENGAGED IN ANY ACTIVITY THAT VIOLATES THIS AUP.

You violate this AUP when You, end users of Your store or any third party acting on behalf of You or Your end users, engage in any activity, directly or indirectly, or attempt to engage in an activity, whether successfully or otherwise, contrary to the terms of this AUP.

ProStores will not intervene or become involved in any disputes between You and a third party, including but not limited to end users of Your store. Consequently, ProStores reserves the right, in its sole and exclusive discretion, to suspend or terminate Services to You upon its receipt of any third party complaint that You have engaged in any activity that violates this AUP, that may otherwise subject ProStores to liability for any reason, or that may cause ProStores to incur legal fees or other expenses.

ProStores may suspend and terminate Your use of the Services without notice to You and end users of Your store for breach of this AUP. ProStores may also report Your activities to federal and/or state law enforcement agencies.

United States Export Laws

United States export control laws govern Your use of ProStores' Services. These laws apply to You and Your use of ProStores' Services regardless of whether You actually reside in the United States.

You may not use ProStores' Services for any purpose that violates export control laws, which may include the sale of products that may be legal to sell in the United States, but illegal to export. You may not use ProStores' Services to offer or provide services on Your store to end users with whom United States citizens may not do business.

Additional information about United States export laws, may be obtained from the United States government's portal to exporting and trade services at http://www.export.gov/exportcontrols.html.

URL Addresses

With certain Service packages, You may be assigned certain IP addresses or (Uniform Resource Locators) URLs on a shared-domain basis (i.e. www.ProStores.com/YourStoreName). You may only use ProStores' Services with IP addresses or URL's that are assigned to You by ProStores. If You use IP addresses or URLs that are not assigned to You by ProStores, ProStores will suspend Your Services from network access until such time as the error is corrected. ProStores owns all shared-domain IP addresses or URLs that may be assigned to You by ProStores. ProStores may, in its sole discretion, change these numbers and URLs from time to time without notice to You.

Upon termination of Your Merchant User Agreement, You agree that any shared-domain IP addresses and URLs assigned to You may be deactivated and/or reassigned by ProStores and that any benefits accruing from use of the IP addresses or URLs will automatically vest in ProStores.

Monitoring of Services; Cooperation with Law Enforcement; Legal Documents

You are solely responsible for ensuring that materials send, posted or distributed using ProStores' Services comply with this AUP and all applicable laws and regulations. ProStores does not review, edit, censor or take responsibility for any information You, other customers or Your end users may create.

ProStores may disclose information, including information that You may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. ProStores assumes no obligation to inform You that such information has been provided and, in some cases, may be prohibited by law from providing You with notice.

On occasion, ProStores may have a need to communicate with You about issues that relate to billing, service changes, additions and modifications to its Services. ProStores may choose the method of such communication in its sole discretion, which may include without limitation email.

Contact Information

It is Your responsibility to provide and check the account and contact information, including a required valid e-mail address, that You provide to ProStores during the sign-up process. It is Your responsibility to inform ProStores promptly of any changes to Your account or contact information. ProStores has no responsibility for communications that are misdirected as a result of Your failure to provide ProStores with updated contact information.