Policies The Red Tape.
PRO Advantage and its affiliates provide Internet-related services to users of PRO Advantages services (Customer).
PRO Advantage reserves the right, at its sole discretion, with or without notice, to suspend or terminate service provided to any Customer if the Customer, or any person using the Customers services or facilities under contract with Customer, directly or indirectly:
PRO Advantage services may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulation is prohibited. This includes but is not limited to copyrighted material, material legally judged to be threatening or obscene, or materials protected by trade secret.
Customer must immediately notify PRO Advantage of any unauthorized use of an account, and/or any breach, or attempted breach, of security known to Customer.
PRO Advantage cooperates fully with federal and state enforcement officials investigating unlawful behavior on PRO Advantages system, and Customers are required to do the same.
PRO Advantage may elect, at its sole discretion, to monitor any or all of the traffic routed through PRO Advantages system. PRO Advantage reserves the right to block e-mail communication, including, but not limited to, the right to block mass e-mail solicitations.
Nothing contained in this policy shall be construed to limit PRO Advantages actions or remedies in any way with respect to any of the foregoing activities, and PRO Advantage reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the PRO Advantage service and levying cancellation charges to cover PRO Advantage costs in the event of termination for the causes outlined above. In addition, PRO Advantage reserves at all times, all rights and remedies available to it with respect to such activities at law or in equity.
Violations of this policy shall be reported to, by email, PRO Advantage - firstname.lastname@example.org.
Discount Rates: When Customer ask for discounted rates, PRO Advantage has the right to determine timeline of project. Customer relinquishes and waives any rights to dictate or ask for determined amount of time for completion of job. Customers that receive a discount relinquish and waive any right to receive a refund of work performed by PRO Advantage.
PRO Advantage has the right to change fees of service without notice. PRO Advantage has the right to negotiate any fees at its sole discretion. It is PRO Advantage standard policy to receive a deposit before work commences of 50%. Customer has the right to pay balance of project in full at the completion of work, or contract unless otherwise noted in contract.
Invoicing Payments - All monthly residual payments, per contract between PRO Advantage and client, are always due prior to work being done. The reason for this, is because once the work is done, most of it cannot be undone. As with most things purchased, once an order is placed, payment is due. Other than monthly residual payments, payment plan is described in contract.
Late Payments - Any and all payments not received on the 1st of each month is considered late (unless stated on invoice). A late fee may be charged by PRO Advantage. If payment has not been received within 10 days, client's site, and email are subject to be disconnected. Once this occurs, and client wishes to continue service with PRO Advantage, a "Reconnect" fee will be applied. Late and Reconnect fees may change at anytime at the discretion of PRO Advantage. Late and Reconnect fees may be waived at the discretion of PRO Advantage Owner. If client wishes to discontinue using PRO Advantage for hosting/internet services, balance of owed money shall be paid in full before site is released. Note: Once a site has been removed from PRO Advantage, all email will be deleted according to interent rules and regulations.
Emails / Lost Emails - PRO Advantage is NOT responsible for lost emails. Sometimes, servers crash, and it’s out of our control. This is the reason programs such as Outlook, Thunder, and others, were created. Unless you have your own internal server that captures all your emails from our server, then distributes them to you, there is no guarantee that emails can be recovered. We strongly recommend, if you don’t have your own internal email server, you set up your emails as POP, NOT IMAP. If for any reason, our server crashes, you may lose all your emails.
Zero Tolerance Spam Policy - We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Safe lists and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
a) Web Design Refund -We will work with you until you are satisfied with the design, within reason according to California State guides of reason. Once you approve the work to date, refund policy is withdrawn. An approval can be verbal or written via an email. If at any time during the design period you are unhappy with our work before the approval, you are entitled to a full refund minus the domain name registration fee (if applicable).
b) Hosting Refund - If, during the first 30 days of service, you are unhappy with our Web Hosting Service, you will receive a 100% refund, minus the domain name registration fee (if applicable). There are no long term commitments for our web hosting unless stated in your contract. Since hosting is based on a monthly period, you are free to cancel at anytime and no refund will be given for, and during, the month you are cancelling. We guarantee that your site will be up 99.9% of the time we host it. This guarantee includes both network and server failures. If your site isn't up 99.9% in any one month we will issue a full refund for that particular month, if requested.
c) Domain Name Registration Refund - Domain names are $25.00/year. They are NOT refundable. Due to Internet Corporation for Assigned Names and Numbers (ICANN) policy we are unable to receive refunds from our provider. Therefore, in the event that we have registered a domain in your name under a promotion, you will be refunded what you paid minus the domain name registration fee.
Arbitration - By using any PRO Advantage services, you agree to submit to binding arbitration. If any disputes or claims arise against PRO Advantage, or its subsidiaries, such disputes will be handled by an arbitrator of PRO Advantage' choice. An arbitrator will be selected in the state of California. All PRO Advantage contracts are binding in the state of California. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Customer is also responsible for any and all costs related to such arbitration. This pertains to Customer, its agents, officers, employees or a third party supplier, or any other party, or relative associated with Customer.
Limitation of Liability - Customer agrees that it shall defend, indemnify, save and hold PRO Advantage harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against PRO Advantage, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns, either verbal or written. Customer agrees to defend, indemnify and hold harmless PRO Advantage against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with PRO Advantage; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customers from PRO Advantage’s server and (5) loss of a domain name due to error on the part of PRO Advantage, its agents, officers, employees or a third party supplier.
Content - All services provided by PRO Advantage may only be used for lawful purposes. The laws of the State of California, and the United States of America apply.
The customer agrees to indemnify and hold harmless PRO Advantage from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes, but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email us with the information required. If the request is of a licensing issue, we may require further documentation.
PRO Advantage reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at email us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. If child pornography is found at anytime with the root folder of a Customer's website, site will be suspended immediately without notice, and will be reported to the appropriate law enforcement agency.
All Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
Refuse Service - PRO Advantage holds the right to refuse service to anyone, or terminate service at anytime without reason. A refund may be given to Customer, depending on what stage the project is in, and how much work PRO Advantage has put into project.
Backups and Data Loss - Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. PRO Advantage is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on PRO Advantage servers.
Disclaimer. PRO Advantage shall not be responsible for any damages your business may suffer. PRO Advantage makes no warranties of any kind, expressed or implied for services we provide. PRO Advantage disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by PRO Advantage and its employees.
PRO Advantage does not take the responsibility of a Customer that does not provide adequate material and content for Customer website. All material and content given to PRO Advantage becomes the sole property of PRO Advantage. It is encouraged to make a copy of the original. PRO Advantage is not responsible to return, or the loss of, any material or content given to PRO Advantage by Customer. Material and Content are, and not limited to, CDs, Thumb Drives, Photo, DVD, any and all Papers.
Disclosure to Law Enforcement. PRO Advantage may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Pricing. PRO Advantage reserve the right to correct any error or ommission made for any offer.
Changes to Terms of Service - PRO Advantage reserves the right to revise its policies at any time without notice.
All policies of PRO Advantage apply to any and all Customers, whether verbal or written.