Pro Desk Internet Services

Terms of Service Agreement

1. By submitting an order form for any web site or email account hosting services with Pro-Desk Internet Services, the client agrees to all rules, regulations, and statements made in this Terms of Service Agreement along with their consequences.

2. The customer alone is responsible for the material content of their web site and email messages as well as making timely payment for all requested services and or products requested by customer.

3. The client and the client's employee are individually and wholly  required to keep assigned hosting and email usernames and access passwords secure.  Any and all access to Pro-Desk services using said usernames and passwords shall be deemed client's sole responsibility.

4. No unsolicited emailing practices shall be tolerated whatsoever. This is to include any practices ascribed to the client, which may or may not involve a Pro-Desk Internet Services web site hosting or email account. This is to include any mass unsolicited emailing through the email server(s) operated byPro-Desk Internet Services witnessed by the use of clients assigned username and password to transmit unsolicited email. Upon reviewing any reports received by Pro-Desk Internet Services regarding the client's unsolicited emailing practices, Pro-Desk Internet Services reserves the right to  terminate the client's web site hosting or email account at their discretion without refund of web site hosting or email account fees which the client may have paid in advance.  Should any Pro-Desk servers, accounts or IP addresses be black listed and or services interrupted, as a direct result of a clients unacceptable emailing practices as described above, the client shall be liable for all damages and costs and fees required to clear black listings and/or service interruptions.  Should such black listings and/or service interruptions affect or impact any other Pro-Desk clients, offending client ay be liable for actual costs or $5,000.00 per day per affected client, at Pro-Desk's sole discretion.  Be advised that "fraudulent" email practices will be reported to both Federal and State officials as well any direct violation of Federal and State statutes dealing with unsolicited email.

5. No use of a client's Pro-Desk Internet Services web site hosting or email account to promote, sell, trade, or give away the use of the following materials or information shall be tolerated: illegal material or information, stolen material or information, violation of trademarks, pirated material or information. Upon reviewing any reports received by Pro-Desk Internet Services regarding the client's use of their Pro-Desk Internet Services web site hosting or email accounts in any of the above practices regarding the addressed (above) material or information, Pro-Desk Internet Services reserves the right to terminate the client's web site hosting or email account within 24 hours of notification of the client without refund of web site hosting or email account fees which the client may have paid in advance.

6. No use of a client's Pro-Desk Internet Services web site hosting or email account to promote material of a sexually explicit or illegal nature shall be tolerated. Let it be known that offensive material falling under the category of "sexually explicit or illegal nature" shall include, but not be limited to the following: any nude pictures of a human being used to exploit, advertise, or sell any product or service; any sort of child pornography, or attempt to display a child in a sexually suggestive manner; any written material describing and/or promoting any sexually explicit, harsh, or abusive acts; any written material which is excessively profane and sexually explicit. Let it be known that at any time Pro-Desk Internet Services reserves the right to judge any material that it deems of an inappropriate adult or sexual nature intolerable for a Pro-Desk Internet Services web site hosting or email account, thus causing said material to be included under this category of "sexually explicit or illegal nature". Upon reviewing any reports received by Pro-Desk Internet Services regarding the client's use of their Pro-Desk Internet Services web site hosting or email accounts in any of the above practices regarding the addressed material of a "sexually explicit or illegal nature", Pro-Desk Internet Services reserves the right to terminate the client's web site hosting or email account within 24 hours of notification of the client without refund of web site hosting or email account fees which the client may have paid in advance.

7. No use of a client's Pro-Desk Internet Services web site hosting or email account to promote unlawful discrimination against or hatred of any particular race, any particular nationality, or any particular religion shall not be tolerated. Let it be known that at any time Pro-Desk Internet Services reserves the right to judge any material to fall into the above categories, making it unacceptable for a client's Pro-Desk Internet Services web site hosting or email account. Upon reviewing any reports received by Pro-Desk Internet Services regarding the client's se of their Pro-Desk Internet Services web site hosting or email accounts in any of the above practices of promoting unlawful discrimination or hatred of any particular race -any particular nationality - or any particular religion, Pro-Desk Internet Services reserves the right to terminate the client's web site hosting or email account within 24 hours of notification of the client without refund of web site hosting or email account fees which the client may have paid in advance.

8. Pro-Desk does not permit sites where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in Pro-Desk’ view are detrimental to the enjoyment of Pro-Desk services by Pro-Desk’s other clients, or are in the sole and final judgment of the Host, detrimental to network or business operations. Accounts are also not permitted to go over the allotted size. In the case that they do, a notice will be sent informing the client of the 'over-limit" condition.  The client may elect to clear up the over-limit condition by reducing disk capacity usage, reducing bandwidth demands, or upgrade their account to accommodate their increased traffic.  Should the client not respond with their intended solution within 10 days of the notice, they may, at our sole discretion, be charged a minimum $25 over-limit fee per day that the condition exists.

9. Pro-Desk does not allow the use of external  connections to SQL databases hosted on Pro-Desk's SQL Servers. All live connections to any SQL Database hosted by Pro-Desk's SQL Servers must come from the domain that is hosted on the Pro-Desk's Servers. Those users found in violation of this policy are subject to termination of services without refund of fees or set-up charges.

10. Pro-Desk will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies. Those users found in violation of these policies are subject to removal for any instance of violation. Web sites which Pro-Desk must suspend or cancel due to violation of these rules are not eligible to receive a refund under our 30 money back guarantee. Acceptance of these Policies constitutes an acceptance of any fines or penalties which might arise out of violation of these policies. Users with Websites that do not comply with these simple rules, or who seek to take advantage of our unlimited traffic plan in any other way, will, at the discretion of Pro-Desk, have their sites canceled and/or removed from the servers and penalty fees assessed at the discretion of Pro-Desk.  Pro-Desk reserves the right to make the judgment call on behalf our other Pro-Desk clients who expect us to maintain our servers at maximum efficiency. We believe this is common sense. If you have any questions about it, please contact us.

11. MONTHLY PAYMENT: Payment is due on the customer's monthly billing date. Monthly calculations are designated to the 1st of each month, customers who activate on any date after the 5th of the month will be pro-rated to move their billing date. Monthly charges are deducted at Pro-Desk's discretion, and may be done to 25 days before or 45 days after the billing date to allow verification of funds, but are still due promptly on the customer's billing date. If payment is not promptly received, notice will be sent to the contact email for the account. Failure to respond to said notice may result in disconnection of the customers hosting account and a delinquent account disconnection fee of $100 or a delinquent re-invoicing fee of $50. Any accounts so "disconnected" wherein the customer fails to respond will have a notice (explaining the disconnection) posted on the web site for a minimum period of 30 days. Additional notices will be delivered, as necessary to hold Pro-Desk harmless for its actions, to any parties who inquire as to the status of the disconnected account. Said websites will remain intact on the server for a minimum period of 30 Days, at the customers expense and at our discretion, in order to keep the data therein intact for the customer. A re-connection fee of $250 may apply at our discretion. A re-invoice fee of $50 may apply, at our discretion, for each monthly re-invoicing of any delinquent account.  Should a customer have 2 instances of delinquent payment in a 12 month period, pre-payment (prior to the beginning of the billing period) may be demanded to keep the account open. A 2% per month interest charge may be accrued against all delinquent amounts until they are paid in full.  Hosting fees are eligible for refund only within the first 30 days of account sign up, minus the set-up fee.

12. ANNUAL PAYMENT: (Including 6month Payments): In the case of pre-payment for an account for any term, the customer is in a service contract for that term of service. Pre-paid monies are refundable for the first 30 days after account activation as per our 30 day money back guarantee, minus any set-up fees. Payment is due annually on the date of the original contract (or if the date does not appear on the next calendar year, the day before). If the customer would like to change their billing method to month to month, they may do so after the end of their contract. After the year is up the customer will be notified that their year of hosting is up and they will be asked to either renew their account or change to a monthly account. If there is no reply from the customer, the account will be automatically changed to a monthly account and charged on a monthly basis from that point onwards.

13. TERMINATION OF SERVICE: Due the security requirements and the number of hoaxes and other "troublemaker" activity on and with the internet, we can only accept a thirty day, written and signed request for termination of service, submitted by the customer who desires to terminate their web or email hosting service with Pro-Desk Internet Hosting Services.

14. The term of this agreement shall be for thirty days. This Agreement shall be automatically renewed for successive thirty day (monthly) periods, unless either party notifies the other on or before 30 days prior to the end of the then existing term. Either party may terminate this Agreement within 10 days from the date of written notice with respect to any monetary delinquency or obligation, or within 30 days from the date of written notice with regard to any other breach. The submission (without prior notice to Pro-Desk) of a domain nameserver modification request by or on behalf of the client for any domain name servers (DNS) other than those operated by Pro-Desk shall be considered to be attempted theft of service and cause for immediate termination of all associated web and email accounts. Such action will subject the client to a disconnect fee of $100.

15. Pro-Desk terms are standard net 10, upon credit approval, and subject to review on a monthly basis. Customer agrees to pay all invoices when due and to hold Pro-Desk and any of its assigns harmless for any and all actions resulting from any and all web development, web management, web marketing, web hosting or other activities.   

16. Pro-Desk may, at its discretion, apply interest charges on overdue accounts not paid to Pro-Desk as required herein at the rate of one and one-half (2%) per month commencing with the date payment was originally due. Pro-Desk may, at its discretion, apply appropriate late or delinquency processing fees as may be necessary to cover the additional expenses in re-billing and re-invoicing the delinquent amounts. Customer agrees to pay all such interest charges and all such late or delinquency fees. Customer further agrees to hold Pro-Desk harmless in all actions while attempting to collect past due, delinquent, late fees, charges, and interest herein described.

17. All materials, documentation, computer programs, inventions (whether or not patentable), pictures, audio, video, artistic works, and all works of authorship, including all worldwide rights therein under patent, copyright, trade secret, or other property right, created or developed by Pro-Desk while providing Services (collectively, “Work Product”) is owned by Pro-Desk. Work Product shall not include the Confidential Information (defined below) of Customer. If ownership of all right, title, and interest of the intellectual property rights in the Work Product shall not otherwise vest exclusively in Pro-Desk, Customer hereby assigns to Pro-Desk, and upon the future creation thereof automatically assigns to Pro-Desk, without further consideration, the ownership of all Work Product. Pro-Desk may at their discretion, make available a full and complete copy of the "work Product", upon: 1)receipt of a written request from customer; 2) all outstanding balances are paid in full; and 3) payment of a $90 data transfer fee.

18. IN NO EVENT WILL PRO-DESK BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES OR ANY PRODUCTS PROVIDED UNDER THIS AGREEMENT OR ATTEMPTS TO COLLECT LAWFUL DEBTS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. Pro-Desk's liability to Customer for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to a maximum of $100.