Terms & Conditions

LKPro.Com, Inc.
Web Site Hosting And Design
3121 Broadway
Cheektowaga, New York 14227
716-681-9714            

LKPro.Com, Inc. Their Agents And Lessors, Heretofore Referred To As LKPro, Offers Internet World Wide Web Page Design, 3rd party Hosting And Related Services To Its Customers. These Terms And Conditions Of Sale Set Forth The Basic Rules Which Apply To LKPro's Services And Use Of Its Leased System. LKPro May Change These Terms And Conditions Of Sale In The Future Upon Notice Published On-Line @ http://www.lkpro.com/_tos.html Or Otherwise Provided By LKPro. By Using LKPro's Services And Leased System, A Client Agrees To Comply With The Terms And Conditions Of Sale As Published On-Line Or Otherwise Available From LKPro From Time To Time. If Any Change To The Terms Or Conditions Of Sale, LKPro's Services, Leased System Or Pricing Is Unacceptable To A Client, The Client May Terminate Its Account In Accordance With The Section Below. 

Lawful Use 

LKPro's Services And Leased Hosting System May Only Be Used For Lawful Purposes And Consistent With All Rights Of Other Parties. Submission, Transmission, Or Maintenance Of Any Information Or Materials In Violation Of Any U.S. Or State Regulations Is Prohibited. Without Limiting The Foregoing, LKPro's Services And Leased System Shall Not Be Used In A Manner Which Would Violate Any Law Or Infringe Any Copyright, Trademark, Trade Secret, Right Of Publicity, Privacy Right Or Any Other Right Of Any Person Or Entity Or For The Purpose Of Transmitting Or Storing Of Material Which Is Obscene, Libelous Or Defamatory. Use And Access To Other Networks Through LKPro's Leased System Must Comply With The Rules For Such Other Networks. LKPro Reserves The Right To Refuse Service To Any Potential Customer Without Providing Reason Or Cause. Copyright Customer Retains The Copyright To Data, Files And Graphic Logos Provided By The Customer, And Grants LKPro The Rights To Publish And Use Such Material. Custom Artwork And Graphic Logos Designed By LKPro For Use In The Customer's Web Presentation Will Remain The Property Of LKPro; At Its Discretion, LKPro Will Grant The Customer Rights To Use Such Material In Formats Other Than Web Presentations. The Customer Must Obtain Permission And Rights To Use Any Information Or Files That Are Copyright By A Third Party; The Customer Is Further Responsible For Granting LKPro's Permission And Rights For Use Of The Same. Service Description As An Internet World Wide Web Service Provider, LKPro Provides Access To A Dedicated Server Computer That Is Integrated Into The Internet. This Server Computer Will Send And Receive Information As Related To The World Wide Web. Customer Wishes To Connect To And Utilize The Hardware And Software Facilities To Establish An Internet Web Site. 

Service Usage 

A. User Parameters: The Agreement Hereby Is Intended To Cover One Web Site Only, And Is For The Sole Use Of The Customer Specifically Named Above And Does Not Extend To Any Other Person Or Entity. Customer May Not Resell To Third Parties And Are Responsible For The Content And Is Bound By The Terms Under This Contract.

B. Legal Parameters: This Service May Only Be Utilized Only For Lawful Purposes, And The Usage Of The Service In Connection With Or Adjunct To Any Matter Or Thing Which Violates Any Municipal, State Or Federal Statute Or Regulation Is Prohibited. Customer Agrees To Indemnify And Hold Harmless LKPro From And Against Any And All Claims, Actions, Causes Of Actions, Losses Or Damages (Including Legal Fees) Arising From The Usage By Customer Of The Service In Violation Of This Paragraph.

C. Unilateral Service Revocation: In The Event That LKPro May At Any Time Believe That The Service Is Being Utilized By The Customer In Contravention With The Terms And Provisions Of Sections A Or B Above, LKPro May Immediately Discontinue Such Service To Customer Without Liability Other Than The Refund Of Unearned Prepaid Service Fees. 

Changes To Service 

The Services Provided By LKPro And LKPro's Leased System Are Expected To Change From Time To Time. LKPro Reserves The Right To Change Any Service Offered Or The Features Of Any Service Offered Or Its Leased System Without Notice, Including Changes To Access And Use Procedures, Such As Idle Disconnections, And Leased System Hardware And Software. 

Domain Name 

If LKPro Shall Acquire An Internet Domain Name On Behalf Of The Customer, Then In Such Case The Customer Hereby Waives Any And All Claims Which It May Have Against LKPro, For Any Loss, Damage, Claim Or Expense Arising Out Of Or In Relation To The Registration Of Such Domain Name In Any On-Line Or Off-Line Network Directories, Membership Lists Or Registration Lists, Or The Release Of The Domain Name From Such Directories Or Lists Following The Termination Of The Providing Of This Service By LKPro For Any Reason. 

Service Fees & Invoicing :Payment Terms

A Subscriber Must Pay Fees Per LKPro's Rate Schedule In Effect From Time To Time As A Condition To Obtaining Access To LKPro's Services And Leased System. Rate Changes Will Be Effective When Published On-Line Or Otherwise Provided To Customers. Payment Terms Of Quarterly Fees Are Net 10 Days. Payments Not Made Within 15 Days Of Billing Date Are Considered Delinquent. Delinquent Accounts Are Subject To Immediate Suspension And/Or Termination Without Notice. Monthly Charges Will Not Be Pro-Rated.   Invoicing For Fees Will Be Billed A Minimum Of One (1) Month In Advance, Or Quarterly With Payments Of The Service Fee For Through The End Of The 1 Month Or Quarter Due Upon Inception. In The Event That Customer Shall Fail To Pay For Such Services In Advance Of That 1 Month Period Or Quarter, Then LKPro Shall Be Entitled To Unilaterally Terminate This Agreement. LKPro May Discontinue Or Suspend Service To Customer Until Payment Is Made. Any Service Disconnection Or Suspension Shall  Require A $150.00 Re-Connect Fee.

Termination And Suspension

Either Subscriber Or LKPro May, At Its Sole Discretion, Terminate The Subscriber's Account At Any Time With Or Without Reason. LKPro Also May, At Its Sole Discretion, Suspend A Subscriber's Account At Any Time With Or Without Reason. Monthly Charges Will Not Be Pro-Rated. Termination Of Services By The Customer Must Be Requested In A Written Notice And Will Be Effective Upon Receipt Of Such Notice. Termination Or Suspension Does Not Release Liability For Charges Due. Customers Having Signed An Annual Or Semi-Annual Contract With LKPro Are Still Obligated To Pay The Remaining Balance Of Their Account. E-Mail Or Telephone Requests For Termination Of Services Will Not Be Honored. The Customer Will Be Invoiced For Authoring Work Completed To The Date Of First Notice Of Termination For Payment In Full Within 30 Days. LKPro May Delete All Data, Files Or Other Information That Is Stored In Subscriber's Account Upon Termination. 

Refund Policy

LKPro  Will Not Issue Refunds For Monthly Accounts. A Partial Refund (1/2 Of Outstanding Contract Period) Will Be Available For Quarterly Paid Accounts. 

No Warranty; Limitation Of Liability 

Use Of LKPro's Services And Leased Hosting System And The Internet In General Is At The Customers Sole Risk. LKPro Does Not Warrant That Its Services And Leased System Will Be Uninterrupted Or Error Free; Nor Does LKPro Make Any Warranty As To The Results Or Information Obtained From Use Of Its Service Or Leased Hosting and E-mail Systems Or The Internet In General. LKPro's Services And Leased System Are Provided On An "As Is," "As Available" Basis Without Warranties Of Any Kind, Either Expressed Or Implied, Including Implied Warranties Of Merchantability Or Fitness For A Particular Purpose, All Of Which Warranties Are Hereby Expressly Disclaimed Except To The Extent Any Warranty Cannot Be Disclaimed Under Applicable Law. Under No Circumstances Shall LKPro Be Liable For Any Indirect, Incidental, Special Or Consequential Damages, Including, Without Limitation, Loss Of Profits Which May Result From The Use Of Its Services Including Loss Of Data Resulting From Delays, Non-Delivery Or Interruption In Service. The Maximum Liability Of LKPro To Any Client Or User For Any And All Loss, Claim, Damage Or Liability Of Any Kind, Including Due To LKPro's Negligence, Shall Be Limited To The Amount Paid By The Client Or User To LKPro.Com, Inc. During The Six Month Period Preceding The Claim.

No Adult Sites Are Allowed!
One Line Says It All!

Unsolicited Commercial E-Mail (SPAM) Policy 

As Per The Requirements Of Our Backbone Providers, We Will Enforce The Policy To Prevent UCE Or Spamming. If You Are Found Spamming Or Sending Out Unsolicited Bulk Emails, Your Account Will Immediately Be Terminated Without Refund.  This Includes All Forms Of Spamming Including But Not Limited To Email And Usenet Groups.

Indemnity

The Client Agrees To Indemnify And Hold Harmless LKPro, Its Agents, Employees, Lessors And Its Other Client Subscribers From Any And All Claims, Liabilities, Damages, Or Expenses, Including Attorney Fees, Arising Out Of Or Resulting From Any And All Use Of Client's Account Whether Or Not Authorized. This Includes But Is Not Limited To The Client's Use Of LKPro's Services Which Cause Damage To The Client Or A Third Party. Non-Transferability Client's Account And Right To Use LKPro's Services And Leased System Is Not Transferable Without LKPro's Consent. Subscriber Agrees To Protect Its Password And Account And To Keep Them Secure From Unauthorized Users And Use.

Confidentiality 

Electronic Mail And Other Transmissions Passing Over The Internet And Through LKPro's Leased System Are Not Confidential. Accordingly, LKPro Cannot Guarantee The Protection Or Privacy Of Any Information Of Any Client. LKPro Will Not Disclose Any Such Information Unless Required To Operate Its Leased System Or Pursuant To A Court Order, Subpoena, Or Similar Legal Request Or Otherwise On The Advice Of Counsel.

Interpretation 

These Terms And Conditions Supersede All Previous Other Written And Oral Communications, Representations, Understandings, Or Agreements With Regard To The Subject Matter And Shall Prevail Notwithstanding Any Variance With Terms And Conditions Of Any Order Submitted. A Waiver Or Modification Of These Terms And Conditions Shall Only Be Effective If In A Writing Signed By An Authorized Officer Of LKPro. LKPro Reserves The Right To Change, At Any Time, The Terms And Conditions Of The Acceptance Of Orders For Authoring And Placement Of Customer's Pages. These Terms And Conditions Shall Be Governed By And Interpreted In Accordance With The Laws Of The State Of New York Without Regard To Choice Of Law Principles. Any Provision Of This Agreement Which Shall Prove To Be Invalid,Void Or Illegal Shall In No Way Effect, Impair Or Invalidate Any Other Provision Hereof, And Such Other Provisions Shall Remain In Full Force And Effect. 

Specific To Customers:

LKPro.Com, Inc. Will Carefully Investigate Any Claim And Decide In Favor Of The Client Where There Is Doubt. Most Cases Of Real Spam Do Not Generate Doubt. If You Have Concerns With This Policy, Please Do Not Hesitate To Comment. We Listen And Are Open To Suggestions From The Internet Community. Together We Create Results In Everybody's Best Interest.