HOsting Terms of Service

Payment of your hosting charges and any subsequent billing acknowledges your acceptance of these terms. These terms are subject to change without prior notice. It is your responsibility to periodically check this page for any updates or changes to TOS.

To report violations of this TOS, please contact domains@pabodie.com .

1. Under no circumstances will the action of SPAMMING be tolerated. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. Violators will have all services immediately terminated and no refunds will be issued. To report this type of violation please forward email with full headers to domains@pabodie.com .

2. All content that you upload to this server will be considered to be your own intellectual property. Pabodie Design Studios will hold no copyright claims to your electronic files.

3. Your site content (files) may not exceed the quota of your hosting plan. If you exceed your hosting quota, you will be notified and billed for one month of service, at the rate of $0.04 per megabyte over your quota. You will have until the last day of the calendar month to reduce your usage OR upgrade to a hosting plan suitable to your needs. If you do not reduce your usage or upgrade your hosting plan, you will continue to be billed for overages incurred. Failure to pay your overages, or continued abuse of your quota in excess of three months will result in services being terminated on the last day of the calendar month without refund. Pabodie Design Studios will not be responsible for moving, reconfiguring or updating files that need to be moved to another server for this reason.

4. You may not post, publish, illustrate or upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization. This includes, but is not limited to, all sound and video files/formats, images, and text media. This also applies to linking directly to illegal files or other sites that offer any illegal material.

5. You may not post, publish, illustrate or upload any material that is grossly offensive to the general on-line community, including but not limited to, exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, invasion of privacy. This includes material that defames, abuses, harasses or threatens any person or group.

6. Adult content is not allowed. Adult content is considered to be anything that contains nudity, pornography, or sexual material of a lewd, lecherous or obscene nature and intent, or that violates local, state, national or international laws.

7. Pabodie Design Studios reserves the right to remove or deactivate without notice any type of script or programming that violates these terms of service or interferes with the operation of our web server. Repeated offences will cause termination of services. Pabodie Design Studios reserves the right to perform security related updates to scripts and programs running on our servers when the nature of the security threat affects the security of our servers. This service is covered for clients on current Maintenance Contracts with PDS. Clients not on maintenance contracts will be billed at our normal hourly rate.   Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

8. Pabodie Design Studios reserves the right to remove material(s) or website(s) from the server(s) that are in violation of these terms and discontinue service to any person(s) in violation of these terms. Accounts may be terminated without notice should Pabodie Design Studios deem them to be morally offensive or in conflict with their business policy of providing hosting services exclusively to their own design clients in good standing.  Accounts may be terminated without notice should they affect the ability of Pabodie Design Studios to perform its duties and responsibilites or should they pose a threat or impair Pabodie Design Studios from conducting its business activities and/or if they are found to be competing with the same services offered by Pabodie Design Studios.  

9. Payment for services is due on or before your due date. We require a valid credit card on file for all hosting and domain related services. Failure to pay on or before the due date will result in an automated suspension of the account. Client accounts with a past due status for any Pabodie Design related service, will result in a service suspension for all services provided until their account status is paid and current. Clients with repeated history of late payments will be required to pre-pay for all future services.

Pabodie Design Studios requires a valid credit card on file for all services.  Checks are accepted only for government entities and non-prifit organizations.

For recurring services such as Hosting, eMailmarketer, PDSLime, and Maintenance renewals, invoices are issued 2 weeks in advance of your due date. 

For domain name renewals: Due to the time sensitive nature of domain renewals, we will attempt to renew these at the Registrar 10-14 days prior to your expiration date. Pabodie Design cannot be responsible for the expiration of a domain name if we do not have a valid card on file and/or current email address on file and are unable to contact you if there is a problem processing your credit card.

For Web Development projects and Custom Development projects, your card will be charged according to the terms outlined on your quote and deposit invoice if they differ at all from our Web Development Terms and Conditions. 

For updates and design projects, you will always be quoted the time to complete your request if that time will exceed our 1/2 hour minimum charge. These items will automatically be billed to your card on file at the completion off the project. For update and design projects totally $300.00 or more, we will require a 50% deposit which will be billed to your card on file. The balance will automatically be billed at the completion and delivery of the project.

Unless bundled with your development fees, all Fees for training sessions are billed at the completion of the session and are billed to your credit card on file.

Term billing is available for Government and non-profit entities only.

10. If you have not contracted with Pabodie Design Studios to handle your maintenance and backup, you are solely and fully responsible for the contents of your web space and backing up those contents on a regular basis including but not limited to files, images, scripts, programs and databases.  Any and all repercussions will be born solely by you as the account holder. Pabodie Design Studios will not be held responsible or accountable for any materials published, stored or otherwise held in your web folder.

11. Pabodie Design Studios does not provide public hosting services.  Our hosting service is intended for Pabodie Design Studios webdesign clients only allowing us the ability to directly protect the security and integrity of our server environments and sites hosted.  Should clients elect to choose another resource for ongoing site maintenance and/or webdesign services, they will be required to move their site to another hosting facility and bear any and all expenses for the account transfer process.

12. Pabodie Design Studios makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the hosting service at any time.

13. Pabodie Design Studios will not be held liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use Pabodie Design Studios service(s) or any content thereon.

14. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

15. Pabodie Design Studios reserves the right to change or amend these TERMS OF SERVICE at any time and without prior notice. It is your responsibility to be familiar with these Guidelines in the event that they change at any future time.

16. Either party may terminate or cancel hosting at any time by providing written 30 day notice to or from the domain registrant and/or the responsible billing party. There is a $25 service charge for (client) cancellation of service prior to expiration of pre-payment term. Termination requests should be made by loggin into your account in our Client Portal.

17. In the event of a client requested cancellation, a refund may be payable. Determination will be determined based on the total amount paid, less prorated time used, less any previously applied discounts applied for prepaid Term.

18. In the event your account is terminated for a violation of our Terms of Service, no refunds will be payable.