By using projectpudding.com or ataraxispudding.com web sites, ("Service"), all services of Ataraxis Software, LLC ("Ataraxis Software"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. Violation of any of Terms of Service will result in the termination of your account. You agree to use the Service at your own risk.

Ataraxis Software reserves the right to update and change the Terms of service at any time without notice. We encourage you to review the most current Terms of Service regularly, which can be found: http://www.projectpudding.com/terms

Account Terms:

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
4. You are responsible for keeping your password secure. Ataraxis Software cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
5. Your login may only be used by one person.
6. You are responsible for all activity and content uploaded to your account (even when the activy and/or content is uploaded by others with access to your account).
7. One person or legal entity may not participate in more than one free 30 day trial within a 12 month period.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

General Conditions:

1. Ataraxis Software does not warrant that the service will be uninterrupted, timely, secure, or error-free.
2. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
3. You understand that Ataraxis Software uses third party vendors and hosting partners to provide hardware, software, storage, networking, and other technology to run the Service.
4. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
5. Technical support is only provided to paying account holders and is only available via email.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Ataraxis Software customer, employee, member, or officer will result in immediate account termination.
7. If your bandwidth usage exceeds the average bandwidth usage (as determined solely by Ataraxis Software) of other customers of the Service, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth usage.
8. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Ataraxis Software.
9. Regardless if Ataraxis Software has been advised of the possibility of potential damages, you expressly understand and agree that Ataraxis Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. The failure of Ataraxis Software to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Ataraxis Software and govern your use of the Service, superceding any prior agreements between you and Ataraxis Software (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to "support at AtaraxisPudding dot com".

Payment, Refunds, Upgrading and Downgrading Terms:

1. A valid credit card is required for an account.
2. If you initially sign up for an account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
3. Upgrading or downgrading during your free trial will end your free trial. You will be billed for your first month immediately upon your change.
4. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Ataraxis Software does not accept any liability for such loss.
8. An account can only be upgraded or downgraded once every 30 days.

Cancellation and Termination:

1. You are solely responsible for cancelling your account. The only way your account can be cancelled is through the 'Account" tab in the navigation bar of the Service. You can cancel anytime. An email message, phone call, or physical piece of mail is not considered a request for cancellation.
2. Cancelling the Service before the end of your current paid month, will take effect immediately and you will not be charged again.
3. Once your account is cancelled, Ataraxis Software will retain your content until a process permanently deletes the content. The deletion of data is final and permanent. Content can not be restored.
4. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
5. Ataraxis Software, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination will result in the permanent deletion of all Content in your account, and access to your account. Ataraxis Software reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices:

1. Prices for using the Service are subject to change upon 3 days notice from Ataraxis Software. Such notice may be provided at any time by posting the changes to projectpudding.com or in the Service itself.
2. Ataraxis Software reserves the right at any time to time to modify or discontinue the Service (or any part thereof) with or without notice.
3. Ataraxis Software shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership:

1. Ataraxis Software claims no intellectual property rights over the material you provide to the Service. Your profile and the content you uploaded remain yours.
2. Ataraxis Software does not pre-screen content, but Ataraxis Software has the right, but not the obligation, in their sole discretion to refuse or remove any content that is uploaded to, and made available via the Service.
3. The look and feel of the Service is copyright 2007 Ataraxis Software, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Ataraxis Software.