Acceptance of Terms:
By visiting or using any of our web site properties ("Sites") you are subject to the following Terms of Use ("TOU"). The HelpDesk LLC reserves the right to update or change the TOU at any time without notice to you. The most current version of the TOU may be reviewed by clicking the "Terms of Use" link at the bottom of our web site.
Services:
The HelpDesk LLC provides, throughout its Sites, a variety of services, resources, information, downloads, and communication methods (herein after collectively referred to as "Services"). All Services are subject to the TOU.
Limitations of Use:
Unless otherwise specified, all Services are provided for your personal non-commercial use. You may not modify, copy, distribute, publish, creative derivative works, or sell any information obtained from the Services.
Privacy:
For information regarding collection and use of information, please refer to the Privacy Statement, linked at the bottom of our Sites.
Account and Security:
If any Service requires that you open or maintain an account ("Account"), you agree to provide us with complete and accurate information as requested on the applicable forms. You may also be required to specify a username and password for your Account. You are fully responsible for maintaining the confidentiality and security of your username and password. Furthermore, you are responsible for all activity that occurs on Sites and for all applicable Services. You agree to notify The HelpDesk LLC immediately of unauthorized activity on your account. The HelpDesk LLC cannot be held liable for any loss as a result of someone else using your username and password with or without your knowledge. Though, you may be held liable for losses incurred by The HelpDesk LLC or a third-party due to someone else using your Account. You may not use anyone else's account for any reason without the Account holder's permission.
Prohibited Uses:
You may not use the Sites or Services for any unlawful, prohibited, or restricted purpose. You may not use any Site or Service in a manner that could damage, disable, impair, or effect another user's experience or enjoyment of such Services on any server, Site, or Service maintained by The HelpDesk LLC or a third-party. You may not try to obtain unauthorized access to Sites or Services on The HelpDesk LLC networks or connected networks.
You agree to not, by way of example but not limitation, use the Sites or Services in such a way, at The HelpDesk LLC's sole and absolute discretion, as to:
- Impersonate any other person or entity, or submit content on behalf of another any other person or entity, without their express prior written consent.
- Send unsolicited messages, spam, whether commercial or otherwise.
- Violate the legal rights of others, such as: defame, abuse, harass, stalk, threaten, violate rights of privacy and publicity.
- Publish, post, upload or disseminate any material that's inappropriate, profane, defamatory, obscene, indecent, or unlawful.
- Publish, post, upload or disseminate any material that encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class.
- Publish, post, upload or make available any files or information covered by intellectual property laws, including but not limited to copyright or trademark laws, unless you own and control the rights to such material.
- Falsify any intellectual property rights.
- Publish, post, upload, or disseminate any files or material containing or infected by viruses, malware, spyware, or corrupted files.
- Restrict, impair, or inhibit any user from using or enjoying Sites or Services.
- Attempt to circumvent, disable or otherwise interfere with the security related features of the Sites or Services.
- Harvest information or email addresses.
- Violate any laws.
- Copy or distribute in any medium any part of our Sites or Services, except where expressly authorized by The HelpDesk LLC.
- Modify or alter any part of our Sites or Services or any of its related technologies.
- Access the Sites or Services through any technology or means other than through this Sites themselves, or as The HelpDesk LLC may designate.
The HelpDesk LLC has no obligation to monitor our Sites or Services. However, we reserve the right to review Sites and Services, and, at our sole discretion remove content, terminate access, or terminate your account at any time, without notice, for any reason and seek prosecution for violations.
The HelpDesk LLC reserves the right to modify, change, or discontinue any Site or Service, or aspect thereof, including without limitation prices and fees for the same, at any time without prior notice.
The HelpDesk LLC reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, or legal request.
Transfer of Data Abroad:
If you are visiting any Site or using any Service from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries, including your Account information. By visiting a Site and communicating electronically with us you consent to these transfers.
Content Monitoring and Account Termination:
The HelpDesk LLC generally does not pre-screen User Content. However, The HelpDesk LLC reserves the right, but undertakes no duty, to do so and decide, at our sole and absolute discretion, whether any User Content is appropriate and/or complies with these Terms of Use. The HelpDesk LLC may remove any User Content and/or terminate an Account, or access to said Account, or access to the Sites or Services for posting or publishing any material in violation of these Terms of Use, or for otherwise violating these Terms of Use at any time and without prior notice.
The HelpDesk LLC may also terminate an Account, or access to said Account, or access to the Sites or Services if The HelpDesk LLC has reason to believe the User is a repeat offender. If The HelpDesk LLC terminates your access to the Sites or Service, The HelpDesk LLC may, at our sole and absolute discretion, remove and destroy any data and files stored by you on our servers.
The HelpDesk LLC expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to any Account, Site or Service for any reason, at our sole and absolute discretion, including but not limited to the following:
- To correct mistakes made by The HelpDesk LLC in offering or delivering any Service,
- To protect the integrity and stability of our Sites and Services,
- To assist with our fraud and abuse detection and prevention efforts,
- To comply with any applicable local, state, national and international laws, rules and regulations,
- To comply with requests of law enforcement,
- To comply with any dispute resolution process,
- To defend any legal action, or threatened legal action, without consideration for whether such action, or threatened action, is eventually determined to be with or without merit,
- To avoid any civil or criminal liability on the part of The HelpDesk LLC, its officers, directors, employees, agents, and affiliates.
Responsibility for Content:
You, as The HelpDesk LLC's customer, are solely responsible for the content stored on and served by your Account and Services.
Network Abuse and Conduct:
The HelpDesk LLC has the right to terminate any Account, Service or Site if the associated network traffic or resource use exceeds acceptable use. The actions of The HelpDesk LLC are based on the type of the Account that is provisioned and based on the expectation of the Account to pay for overages (if overages are going to be assessed). The HelpDesk LLC reserves the right to make Service and record modifications at anytime.
The HelpDesk LLC follows industry standards for dealing with Denial-of-Service or Distributed Denial-of-Service attacks against an Account or Service. If The HelpDesk LLC is under a DDoS attack due to a client's Account or Services then all associated costs with fighting the attack will be passed on to the client's Account. The client is expected to reimburse The HelpDesk LLC within 24 (twenty-hour) hours for any and all additional costs of bandwidth and emergency expenditures to The HelpDesk LLC in the course of mitigating a DoS or DDoS attacks against a client's Account or Services. This includes, but is not limited to, support time, bandwidth, special consulting, and loss of business associated to the Account's attack. The HelpDesk LLC may terminate, at its sole and absolute discretion, the full Account of the client if the cost of the attack exceeds ten times a full year of the clients renewal fees. Work performed by The HelpDesk LLC in mitigating such an attack will be billing as Research Fees not to exceed $175 per hour that The HelpDesk LLC personnel must spend to investigate and/or resolve the matter.
Since most services offered by The HelpDesk LLC do not cost anywhere near an attack (ie. most large attacks cost at least $50,000 per month to fight) any Account may pay a Security Deposit, or be asked for a Security Deposit, to be held in case their Service(s) get attacked. Any client can deposit up to, and not to exceed, $1,000,000 (one million dollars) to be held as a Security Deposit.
The HelpDesk LLC has the right to terminate any Account that does not provide truthful and correct contact information. We require the correct contact information for notification purposes. Wrong information results in abuse of our staff's time trying to track down the correct individuals.
Multiple Accounts cannot be created and/or used to spread traffic for Services across the Accounts. A Services' traffic can be counted in any and all Accounts that have had the Service in the Account for that month. Users who are found creating multiple Accounts to circumvent our quota systems will have all of their Accounts terminated without refund.
SPAM and Liquidated Damages:
The HelpDesk LLC has a zero tolerance SPAM policy. We define SPAM as any unsolicited communication; including Unsolicted Commercial Email (UCE), Unsolicited Bulk Email (UBE), pop-up messages, chat messages, and forum postings.
You agree The HelpDesk LLC may immediately terminate any Account which we believe, at our sole and absolute discretion, is transmitting or is otherwise connected with any SPAM. In addition, you agree to pay The HelpDesk LLC liquidated damages in the amount of $1.00 for each piece of SPAM transmitted from or otherwise connected with your Account plus any actual calculated damages and legal costs.
First violations of this SPAM policy will result in an Administrative Fee of $250.00 and your Account will be reviewed for possible immediate termination. A second violation will result in an Administrative Fee of $500.00 and immediate termination of your Account. You acknowledge and agree to pay for violations of this policy, in addition to these damages and penalties, Research Fees not to exceed $175 per hour that The HelpDesk LLC personnel must spend to investigate and/or resolve the matter.
Please, do not send SPAM from your account.
IP Addresses:
Your Account may be assigned an IP address, or addresses, The Helpdesk LLC, and must return to The HelpDesk LLC the rights to same when the Account or Service is discontinued, terminated, or suspended.
Assignment or Transfer:
You shall not assign or transfer the rights or obligations associated with this or any assignment, in whole or in part, without The HelpDesk LLC's prior express written consent.
Indemnity
You agree to protect, defend, indemnify and hold harmless The HelpDesk LLC and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by The HelpDesk LLC directly or indirectly arising from your use of and access to the Sites or Services, your violation of any provision of these Terms of Use or the policies or agreements which are incorporated herein, and/or your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms of Use or your use of the Sites or Services.
Links to Third-Party Sites:
The HelpDesk LLC may have links on its Sites or Services that take you to a third-party site or service. These sites and services are not under the control of The HelpDesk LLC. The links are provided for your convenience only and The HelpDesk LLC does not accept responsibility for the content on them.
Titles and Headings:
The titles and headings in this document are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms of Use shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms of Use to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms of Use shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Changes to our Terms of Use:
If we decide to change our TOU, we will post those changes on this page, and/or update the modification date below.
Copyright Notice:
© 2011 The HelpDesk LLC. All rights reserved.
This document was last modified on January 31st, 2011.
