Life Memoriam • A Service of ProSynServ, Inc.
Life Memoriam
A Service of ProSynServ, Inc.
Last Updated: [DATE]
Effective Date: [DATE]
# TERMS OF SERVICE
Last Updated: [DATE]
Effective Date: [DATE]
By creating an account, uploading memorial content, or making any payment to Life Memoriam, you ("Customer," "you," or "your") agree to be bound by these Terms of Service ("Terms," "ToS," or "Agreement"), our Privacy Policy, and all applicable laws and regulations.
Life Memoriam is a digital memorial preservation service operated by ProSynServ, Inc., a Wyoming corporation ("Company," "we," "us," or "our"). Our principal office is located in Wyoming.
If you do not agree to these Terms, you may not use this service.
You must be at least eighteen (18) years of age to create an account or purchase services from Life Memoriam.
Life Memoriam is exclusively available to living natural persons who are creating memorials for:
(a) Deceased individuals (human);
(b) Living individuals (human) - with consent if not the account holder;
(c) Deceased pets;
(d) Themselves (self-memorial or legacy page)
By creating a memorial, you affirmatively represent and warrant that:
(a) You are a living natural person;
(b) If creating a memorial for a living person other than yourself, you have obtained their express written or electronic consent;
(c) If creating a memorial for a deceased pet, you are or were the legal owner or guardian of the pet;
(d) All information provided is true and accurate to the best of your knowledge; and
(e) You will not use the service to harass, stalk, or harm any living individual.
The Company reserves the right to immediately terminate any memorial upon evidence of fraud or material misrepresentation. No refunds will be provided for memorials terminated due to fraud.
Life Memoriam provides a platform for creating, hosting, and preserving digital memorials consisting of:
We offer two service tiers:
Standard Hosting: Annual subscription-based memorial hosting with ongoing payment obligations.
Perpetual Care Status (PCS): A permanent memorial preservation designation achieved through either:
Life Memoriam is not:
For purposes of this Agreement, the following terms have the meanings set forth below:
"Memorial Content" means the static HTML, text, images, and other materials uploaded by the Customer to create a memorial page.
"Creation Date" means the date the memorial is first created in the Company's system (whether or not it is immediately published).
"Perpetual Care Status" or "PCS" means the internal status designation achieved upon full payment (either via Lump Sum or 10 consecutive years of Annual payments in good standing), which triggers the Company's commitment to fund the memorial's long-term hosting and eventual transfer via the Perpetual Care Fund.
"Perpetual Care Fund" or "PCF" means the segregated, restricted asset account maintained by ProSynServ, Inc., whose sole legal purpose is to fund the long-term stewardship and archival transfer of PCS memorials to the Foundation.
"Foundation" means LifeMemoriam Foundation (or similar legal name), the designated 501(c)(3) nonprofit archival entity that will assume responsibility for hosting PCS memorials after their designated transfer period.
"Good Standing" means an account with no outstanding arrears, no unresolved policy violations, and no active suspension or termination proceedings.
"Administratively Paused" means an account status where progress toward PCS is suspended due to payment arrears or other compliance issues.
"PCS Achievement Date" means the specific date on which the memorial achieved Perpetual Care Status.
"Transfer Eligibility Date" means the date on which a PCS memorial becomes eligible for transfer to the Foundation, calculated as the eleventh (11th) anniversary of the PCS Achievement Date.
"Final Eligibility Window" means the period ending on the ten (10) year anniversary of the Creation Date. After this date, the memorial is permanently ineligible for PCS achievement and Foundation transfer.
Customers may elect to pay on an annual recurring basis. The current annual rate is posted on our website and is subject to change pursuant to Section 5.3.
To achieve Perpetual Care Status (PCS) via annual payments, the Customer must maintain payments in Good Standing for ten (10) consecutive years from the Creation Date.
Customers may elect to pay a one-time Lump Sum fee to immediately achieve Perpetual Care Status. The current Lump Sum rate is posted on our website and is subject to change for new purchases pursuant to Section 5.3.
Lump Sum PCS may be purchased at any time before the ten (10) year anniversary of the Creation Date.
Customers who pay the Lump Sum option immediately achieve PCS and have no further payment obligations.
All payments are processed through our third-party payment processor. You agree to provide current, complete, and accurate payment information. You authorize the Company to charge your designated payment method for all fees incurred.
Annual subscription rates are NOT locked and are subject to periodic adjustment at the Company's discretion. The Company will provide sixty (60) days advance notice of any annual rate increases via email to your registered address.
Price increases apply to all active annual subscriptions. Customers who paid annual subscriptions at historical rates must pay current rates to maintain Good Standing.
Important: Even if you began annual payments at a lower rate, subsequent rate increases apply. You must pay the current rate to continue progress toward PCS.
Lump Sum rates may increase for new purchases only. Customers who have already paid the Lump Sum option are unaffected by future price increases and retain their PCS designation regardless of future rate changes.
All payments are non-refundable, including:
The exclusive remedy for any dissatisfaction with the service is termination of your account pursuant to Section 12.
If an annual subscription payment fails or is not received by the due date, the memorial account will be placed in an Administratively Paused status. During this status:
To restore an Administratively Paused account to Good Standing, the Customer must either:
(a) Remit all outstanding unpaid periods at the then-current annual subscription rates, inclusive of any intervening price adjustments; OR
(b) Elect to convert to the then-current Lump Sum Perpetual Care option.
Conversion to Lump Sum PCS is available only prior to the ten (10) year anniversary of the Creation Date.
Example: If you paid $99/year for Years 1-3, then stopped paying, and you return in Year 6 when rates are $129/year, you must pay:
Payment at historical rates is not preserved or available once an account has fallen out of good standing.
If a memorial maintained under an annual payment plan remains in Administratively Paused status due to unresolved arrears for a continuous period exceeding thirty (30) months, the Company reserves the right, after completion of any required notice periods, to cease public display of the Memorial Content. Any required notice will be delivered via email to the address on file pursuant to Section 15.
Upon such action, the memorial page will no longer be publicly accessible via its URL and may return a standard service discontinuation response (e.g., HTTP 410). This action does not constitute deletion. The Memorial Content may remain secured internally as an archival copy through the end of the memorial's Final Eligibility Window described in Section 7.
Public display may be restored only upon full reinstatement under Section 6.2 or (if still available under Section 6.2) conversion to the then-current Lump Sum PCS option.
Perpetual Care Status (PCS) must be achieved within ten (10) years of the Creation Date.
This deadline applies to all memorials, regardless of payment history or customer circumstances.
If a memorial has not achieved PCS by the ten (10) year anniversary of the Creation Date, it becomes permanently ineligible for Foundation transfer.
For any memorial that fails to achieve PCS by the 10-year anniversary, the Company may cease public hosting at or after that date, and in any event has no obligation to provide public hosting beyond the ten (10) year anniversary of the Creation Date. The Company may, as a courtesy and at its discretion, provide a final static HTML backup to the Customer if contact information is current.
Non-PCS memorials shall not be transferred to the Foundation under any circumstances.
By using this service, you acknowledge and agree that:
The Perpetual Care Fund (PCF) is a segregated, restricted asset account maintained by ProSynServ, Inc. The PCF's sole legal purpose is to fund:
All funds designated as PCF contributions are legally segregated into a restricted account. PCF principal and accrued interest may not be used for:
PCF assets may only be used for:
**Investment:** Investing the principal according to conservative investment guidelines (e.g., treasury bonds, money market funds, investment-grade fixed income)
**Foundation Transfer:** Funding the legal, administrative, and technical costs of transferring PCS memorials and PCF assets to the Foundation
**Pre-Transfer Hosting:** Covering the minimal server and domain costs of hosting PCS memorials prior to Foundation transfer
**Foundation Endowment:** Transferring 100% of the PCF balance to the Foundation as its operating endowment
The PCF is funded by:
The specific funding percentages are determined by the Company and are not disclosed in these Terms, but the Company commits to maintaining sufficient PCF assets to fulfill its transfer obligations.
Customers do not have individual accounts, claims, or ownership interests in the PCF. The PCF is maintained as a segregated and restricted corporate account designated for the collective benefit of all PCS memorial holders. Customers have:
The Customer's right is solely to have their PCS memorial transferred to the Foundation pursuant to Section 9, funded by the PCF.
For all memorials that achieve Perpetual Care Status (PCS), the Company has a mandatory obligation to transfer the Memorial Content bundle and perpetual hosting responsibility to the LifeMemoriam Foundation (or successor qualifying 501(c)(3) archival organization).
Here's the exact language to add to your ToS. Insert this as Section 9.1a (between 9.1 and 9.2):
On the tenth (10th) anniversary of the PCS Achievement Date, the memorial will be converted to a static, read-only format in preparation for Foundation transfer. This freeze process occurs automatically and cannot be delayed or reversed.
During the freeze period (Year 10 until Foundation transfer in Year 11):
The Company will provide ninety (90) days advance notice via email before the freeze date, reminding Customers to complete any final edits or content additions.
The freeze date is non-negotiable. All PCS memorials must be frozen at the 10-year mark to enable batch processing and Foundation transfer during Year 11.
A PCS memorial becomes eligible for transfer on the eleventh (11th) anniversary of its PCS Achievement Date ("Transfer Eligibility Date"). Transfers are performed in scheduled batch windows (typically annually or biannually) for administrative efficiency.
Upon transfer, the Company will:
Package the complete Memorial Content (HTML, images, text) into a static bundle
Transfer technical custody of the memorial to the Foundation's hosting infrastructure
Transfer a proportional share of the PCF endowment to the Foundation
Provide the Foundation with all necessary credentials and documentation
Update DNS records to point to the Foundation's servers
Upon successful transfer to the Foundation, ProSynServ, Inc.'s hosting obligation for that specific memorial permanently concludes. The Customer's contract transitions from the Company to the Foundation, which assumes all future hosting responsibilities.
The Company has no liability for any Foundation failures, hosting interruptions, or policy changes that occur after transfer.
If, at the designated transfer time, the LifeMemoriam Foundation:
Then the Company will:
**Continue Hosting:** Maintain PCS memorials until the Foundation becomes operational, OR
**Alternate Transfer:** Transfer memorials and PCF assets to an alternate qualifying 501(c)(3) digital archiving organization, OR
**Internet Archive Transfer:** Transfer Memorial Content to the Internet Archive with an accompanying PCF endowment for perpetual hosting
The Company's obligation ends upon a good-faith transfer attempt to a qualifying archival organization. If no qualifying organization will accept the memorials, the Company's liability is limited to continued hosting for the periods specified in Section 10.
The total maximum liability owed by ProSynServ, Inc. to any Customer for any breach of contract, negligence, service failure, data loss, or any other claim arising from this Agreement is strictly capped at the total amount paid by the Customer for that specific memorial.
Examples:
The exclusive remedies for any failure to host, preserve, or transfer a memorial are:
Continuation of hosting for the remaining liability period (calculated as total paid ÷ annual rate), OR
Provision of the most recent static HTML backup to the Customer
The Customer may not seek any other form of damages, including but not limited to:
The Company does not guarantee permanent, eternal, or infinite hosting of any memorial. The terms "perpetual" and "permanent" as used in marketing materials refer to:
The Company makes no representation that any memorial will exist forever. Digital preservation is an ongoing effort, not an eternal guarantee.
The Company will make reasonable commercial efforts to maintain service availability, but does not guarantee:
Downtime, maintenance windows, and service interruptions do not extend the liability period and do not entitle Customers to refunds or service credits.
The Company is not liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:
You retain all copyright and intellectual property rights to the Memorial Content you upload to Life Memoriam. The Company does not claim ownership of your photos, text, or creative materials.
By uploading Memorial Content, you grant ProSynServ, Inc. a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to:
This license persists even if you close your account or stop paying, to the extent necessary for the Company to fulfill its archival obligations under this Agreement.
You represent and warrant that:
You may not upload Memorial Content that:
The Company reserves the right, but has no obligation, to:
Content removals due to policy violations do not entitle the Customer to refunds, service credits, or reinstatement of removed materials.
The Company is not obligated to monitor or review all Memorial Content. We are a hosting platform, not a publisher. We rely on user reports and automated systems to identify policy violations.
The Company is not liable for:
To create a memorial, you must:
Register for an account with a valid email address
Agree to these Terms of Service
Provide accurate contact and payment information
Verify your email address
You may create multiple memorials under a single account or multiple accounts, each with separate payment obligations.
You are responsible for:
The Company is not liable for losses arising from unauthorized use of your account if you fail to maintain reasonable security measures.
You may export your complete Memorial Content at any time by:
You retain the right to download and preserve your own copies of your memorials at any time during your account's active status.
You may close your account at any time by:
Logging into your account dashboard and selecting "Close Account," OR
Emailing customer support with your closure request
Upon account closure:
No refunds are provided for voluntary account closures.
The Company may terminate your account immediately, without refund, if:
All payment obligations under this Agreement automatically cease upon the Customer's death. The Company will not pursue collection of outstanding debts from the estate or survivors.
If the Customer dies while maintaining an annual subscription memorial that has not yet achieved PCS:
The memorial continues to be hosted until the end of the then-current billing cycle
At the end of the billing cycle, the account enters a **ninety (90) day grace period**
During the grace period, authorized parties may:
After 90 days, if no action is taken, the memorial follows the standard non-PCS sunset process (Section 7)
If the Customer dies after achieving Perpetual Care Status:
Our contract is with one, natural, living individual. That contract ends with the customers death:
Family members or representatives may notify the Company of a Customer's death by:
Upon verification, the Company will:
The Customer's estate, heirs, and family members have no liability for any outstanding account balances, arrears, or unpaid subscriptions. Death voids all payment obligations.
The Company's collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using Life Memoriam, you consent to the data practices described in our Privacy Policy.
We collect:
We use your data to:
We do not sell your personal information. We may share data with:
We implement reasonable security measures to protect your data, including:
However, no system is 100% secure. We cannot guarantee absolute security against all possible breaches.
Email is the Company's primary method of communicating with Customers. All notices, policy changes, billing updates, and account alerts will be sent to the email address associated with your account.
You are responsible for maintaining a current, valid email address in your account settings. Failure to receive notices due to:
...is the Customer's sole responsibility. The Company is not liable for Customer's failure to receive communications.
Price Increases (Annual Subscriptions): 60 days advance notice via email
Terms of Service Updates: 30 days advance notice via email (for material changes)
Policy Violations: Immediate notice via email (for urgent matters)
Foundation Transfers: 90 days advance notice via email
You may contact the Company at:
Email: support@lifememoriam.com
Mail: ProSynServ, Inc. - Life Memoriam, [Wyoming Office Address]
Support Portal: [Website support form]
For legal notices or formal dispute communications, use the mailing address via certified mail.
The Company reserves the right to modify these Terms of Service at any time. We will provide notice of material changes by:
Non-material changes (typo corrections, clarifications, formatting) may be made without notice.
For material changes that affect:
The Company will provide thirty (30) days advance notice before the changes take effect.
Continued use of Life Memoriam after the notice period constitutes acceptance of the modified Terms.
If you do not agree to the modified Terms, you must:
Discontinue use of the service, AND
Close your account prior to the effective date of the changes
If you close your account due to Terms modifications:
Material changes to these Terms cannot retroactively remove or impair Perpetual Care Status for memorials that have already achieved PCS. If you achieved PCS under previous Terms, that designation is protected even if future Terms are modified.
However, the Company may modify:
Before initiating any formal dispute resolution process, you must first contact the Company at support@lifememoriam.com and provide:
The Company will respond within thirty (30) days and will make reasonable efforts to resolve the dispute informally.
Any dispute, claim, or controversy arising from or relating to this Agreement or the service must be resolved through binding arbitration, not in court (except as provided in Section 17.6).
Arbitration will be administered by:
...in accordance with their consumer arbitration rules then in effect.
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY.
All disputes must be brought individually. You may not:
This waiver does not prevent you from participating in a class-wide settlement if the Company agrees to one.
Either party may file a claim in small claims court if:
The Company may seek injunctive or equitable relief in court to:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
Any court proceedings (if arbitration is unavailable or inapplicable) will be decided by a judge, not a jury.
This Agreement is governed by the laws of the State of Wyoming, without regard to its conflict of law principles.
Federal law applies to the extent federal law governs specific issues (e.g., arbitration under the Federal Arbitration Act, copyright under federal copyright law).
If court proceedings are necessary (per Section 17), the exclusive venue is:
You consent to personal jurisdiction in Wyoming courts.
If you are accessing Life Memoriam from outside the United States:
"Life Memoriam," the Life Memoriam logo (the candle in the archway), and all related branding are trademarks of ProSynServ, Inc.
You may not use these trademarks without express written permission.
The Life Memoriam website design, software, text, graphics, and interface are copyrighted works owned by ProSynServ, Inc.
You may not reproduce, distribute, or create derivative works from our copyrighted materials without permission.
The Company complies with the Digital Millennium Copyright Act (DMCA).
If you believe content on Life Memoriam infringes your copyright, submit a DMCA takedown notice to:
DMCA Agent:
ProSynServ, Inc. - Life Memoriam
[Mailing Address]
Email: dmca@lifememoriam.com
Your notice must include:
Your physical or electronic signature
Identification of the copyrighted work
Identification of the infringing material (URL)
Your contact information
A statement that you have a good-faith belief the use is unauthorized
A statement that your notice is accurate and you are the copyright owner or authorized to act on their behalf
If your content is removed due to a DMCA complaint, you may file a counter-notice if you believe the removal was in error.
In the event ProSynServ, Inc. is dissolved, sold, acquired, or ceases operations, the corporation is legally required to transfer:
**100% of the Perpetual Care Fund balance** to the LifeMemoriam Foundation, AND
**All PCS Memorial Content bundles** to the Foundation, AND
**All necessary technical documentation, credentials, and domain assets** to enable the Foundation to continue hosting
If the LifeMemoriam Foundation:
Then ProSynServ, Inc. must transfer:
Upon a good-faith transfer of PCF assets and Memorial Content to a qualifying archival organization, ProSynServ, Inc.'s obligations under this Agreement permanently cease.
The Company is not liable for:
The Company will make reasonable efforts to notify customers of impending dissolution via:
Customers will have ninety (90) days from dissolution notice to export their Memorial Content before transfer to the archival organization.
These Terms, together with our Privacy Policy and any additional agreement you enter into with the Company, constitute the entire agreement between you and ProSynServ, Inc. regarding Life Memoriam.
These Terms supersede any prior agreements, proposals, or communications.
If any provision of these Terms is found to be unenforceable or invalid by a court or arbitrator, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible.
The remaining provisions remain in full force and effect.
The Company's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
No waiver is effective unless made in writing and signed by an authorized Company representative.
You may not assign or transfer your rights under this Agreement without the Company's written consent.
The Company may assign this Agreement to any successor entity in connection with a merger, acquisition, or sale of assets. Your use of the service after such assignment constitutes acceptance of the assignment.
The following provisions survive termination of this Agreement:
Section headings are for convenience only and do not affect the interpretation of these Terms.
Neither party is liable for delays or failures in performance due to circumstances beyond their reasonable control, as described in Section 10.5.
Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between you and the Company.
The LifeMemoriam Foundation is an intended third-party beneficiary of Section 9 (Foundation Transfer) and may enforce that provision directly against the Company.
No other third parties have rights under this Agreement.
In the event of any ambiguity in these Terms, the ambiguity will not be construed against the Company as the drafter. This is a negotiated agreement between sophisticated parties (you have the right to review with counsel before agreeing).
By clicking "I Agree," creating an account, uploading Memorial Content, or making any payment, you acknowledge that:
✓ You have read these Terms of Service in their entirety
✓ You understand the 10-year deadline for achieving PCS
✓ You understand that annual subscription rates are not locked and may increase
✓ You understand the arrears reinstatement policy requires payment at current rates
✓ You understand the Company's liability is capped at your total payments
✓ You understand that "perpetual" refers to the funded transfer mechanism, not an eternal guarantee
✓ You waive your right to jury trial and class actions
✓ You consent to binding arbitration in Wyoming
✓ You agree to be bound by these Terms
If you do not agree to these Terms, do not use Life Memoriam.
Life Memoriam
A Service of ProSynServ, Inc.
General Support:
Email: support@lifememoriam.com
Website: https://www.lifememoriam.com
Legal Notices:
ProSynServ, Inc. - Life Memoriam
[Wyoming Office Address]
DMCA Agent:
dmca@lifememoriam.com
Privacy Inquiries:
privacy@lifememoriam.com
Document Version: 1.0
Last Updated: [DATE]
Effective Date: [DATE]
Life Memoriam
A Service of ProSynServ, Inc.
General Support:
Email: support@lifememoriam.com
Website: https://www.lifememoriam.com
Legal Notices:
ProSynServ, Inc. - Life Memoriam
[Wyoming Office Address]
Document Version: 1.0
Last Updated: [DATE]
Effective Date: [DATE]