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Terms and Conditions
TmaxHost.com reserves the right to change this
Policy any time, so please, check this page at least once a month or
when in doubt. TmaxHost.com strives to
provide the best possible service to all our customers, but we will
not tolerate any unlawful activity or abuse on our servers. We respect
freedom of speech and expression unless it is harmful to others. These
brief guidelines are imposed to protect you, other
TmaxHost.com customers and us against such
harm
Payment Policies:
Credit cards that are declined for any reason are
subject to a $1.00 declination fee. Service will be interrupted on
accounts that reach 7 days past due. Service interrupted for
nonpayment is subject to a $10.00 reconnect charge. Accounts not paid
by due date are subject to a $5.00 late fee. Accounts that are not
collectable by TmaxHost may be turned over
to an outside collection agency for collection. If your account is
turned over for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than $20 or more than $150. If you
desire to cancel your account, please follow the proper procedure to
do this as outlined in this TOS.
Refunds:
Money back guarantee
1. Customers are entitled to a full refund
within 14 days of the initial order being placed. This will be issued
in the same method as originally used by the customer. Cases involving
offline methods of payment will be refunded using a
business cheque or other online method.
2. The 14 day money back guarantee does not
apply and will not be issued if more than 20%
of allocated data transfer has already been used on the web hosting
account. This money back guarantee does not apply
if the account has breached these terms and
conditions prior to cancellation.
3. We will not processed any partial cancellation
Account Cancellation:
After the 14 day introduction period, no refunds
will be issued for account cancellations on a payment schedule.
If cancellation of the account is caused by the customer breaching
these terms and conditions no refund will be issued.
To cancel your account, please follow this
tutorial.
The Company may temporarily deny service or terminate this Agreement
upon the failure of Subscriber to pay charges when due. Such
termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and
any collection fees.
TmaxHost.com shall be the sole judge of
what violates this Policy.
Indemnification Policy:
You agree to use all
TmaxHost.com services and facilities at your own risk.
TmaxHost.com specifically disclaims all
warranties of merchantability and fitness for a particular purpose. In
no event shall TmaxHost.com be liable for any
loss, or loss of data, or other commercial damage, including but not
limited to special, incidental, consequential or other damages.
Customer agrees that it shall defend, indemnify, save and hold
TmaxHost.com harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable
attorney’s fees asserted against TmaxHost.com,
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, it’s agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless
TmaxHost.com against liabilities arising out
of:
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Any injury to person or property caused by
any products sold or otherwise distributed in connection with
TmaxHost.com’s server.
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Any material supplied by customer
infringing or allegedly infringing on the proprietary rights of a
third party
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Copyright infringement
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any defective products sold to customer from
TmaxHost.com’s server.
Service Rates:
Subscriber acknowledges that the nature of the service furnished and
the initial rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change the
specified rates and charges from time to time. The promotional offer
is contingent upon Company achieving and maintaining its cost of
service goals including but not limited to rates charged to company by
its suppliers.
SPAM Policy:
BEGINNING IMMEDIATELY, anyone hosting
websites or services on their server that support spammers or cause
any of our IP space to be listed in any of the various Spam Databases
will have their services immediately disabled. The services
will not be enabled until such time that you agree to remove ANY and
ALL traces of the offending material immediately upon reconnection and
agree to allow us access to the account to confirm that all material
has been COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the account from our network
without notice to the customer. Any account guilty of a second
violation WILL be immediately and permanently removed from our network
without notice
TmaxHost.com is committed to a zero-tolerance,
anti-Spamming policy. Under this policy, we prohibit Spam, or any
unsolicited commercial email, from being sent either: Over the
TmaxHost.com network, by customers or any
other users of the TmaxHost.com network
(including customers' customers); AND/OR over ANY network— if the
message sent advertises or mentions a site hosted on the
TmaxHost.com server.
E-mail / News Bombing: Malicious intent to impede another
person's use of electronic mail services or news will result in the
immediate termination of the offending TmaxHost account.
E-mail / Message Forging: Forging any message header, in part or
whole, of any electronic transmission, originating or passing through
the TmaxHost service is in violation of this AUP.
Usenet SPAMMING: TmaxHost has a zero tolerance policy for the
use of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ or charter
of any newsgroups or mailing list. Commercial messages that are
appropriate under the rules of a newsgroup or mailing list or that are
solicited by the recipients are permitted.
We react very quickly and seriously to
violations, and we further reserve the right to terminate the
services, without prior notice, of any customer disregarding this
policy. Sending unsolicited commercial email (a.k.a. "spam"),
cross-posting messages to a large number of Usenet groups, posting
obscene or threatening messages while using or referring to an
TmaxHost.com email address or web site URL is
prohibited. The use of TmaxHost.com servers as
a mail drop for responses to activities described above is also
prohibited. Accounts cancelled due to spam are subject to a
"clean up" fee of $500.
TmaxHost.com shall be the sole judge of what violates this Policy.
Content Policy:
All services provided by
TmaxHost.com may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data or material in
violation of any United States Federal, State or City law is
prohibited. This includes, but is not limited to: copyrighted
material, trademark, intellectual property, material we judge to be
threatening or obscene, or material protected by trade secret and
other statute without proper authorization. The subscriber agrees to
indemnify and hold harmless TmaxHost.com from
any claims resulting from the use of the service which damages the
subscriber or any other party.
Pornography and sex-related merchandising is
prohibited on all TmaxHost.com servers.
This includes sites that may infer sexual content, or links to adult
content elsewhere. TmaxHost.com will be the
sole arbiter in determining violations of this provision.
Illegal use: TmaxHost's services may not be used for illegal
purposes, or in support of illegal activities. TmaxHost reserves the
right to cooperate with legal authorities and/or injured third parties
in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the TmaxHost service to harm, or attempt
to harm, minors in any way, including, but not limited to child
pornography.
Threats: Use of the TmaxHost service to transmit any material
(by e-mail, uploading, posting or otherwise) that threatens or
encourages bodily harm or destruction of property.
Harassment: Use of the TmaxHost service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of TmaxHost service to make fraudulent
offers to sell or buy products, items, or services, or to advance any
type of financial scam such as "pyramid schemes," "ponzi schemes," and
"chain letters."
Forgery or impersonation: Adding, removing or modifying
identifying network header information in an effort to deceive or
mislead is prohibited. Attempting to impersonate any person by using
forged headers or other identifying infrmation is prohibited. The use
of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM)
Use of the TmaxHost service to transmit any unsolicited commercial or
unsolicited bulk e-mail is expressly prohibited. Violations of this
type will result in the immediate termination of the offending
TmaxHost account.
Copyright or trademark infringement: Use of the TmaxHost
service to transmit any material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark, patent, trade
secret or other proprietary rights of any third party, including, but
not limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized transmittal of
copyrighted software.
Collection of personal data: Use of the TmaxHost service to
collect, or attempt to collect, personal information about third
parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the
TmaxHost service for any activity which affects the ability of other
people or systems to use TmaxHost Services or the Internet. This
includes "denial of service" (DOS) attacks against another network
host or individual user. Interference with or disruption of other
network users, services or equipment is prohibited. It is the Member's
responsibility to ensure that their network is configured in a secure
manner. A Subscriber may not, through action or inaction, allow others
to use their network for illegal or inappropriate actions. A
Subscriber may not permit their network, through action or inaction,
to be configured in such a way that gives a third party the capability
to use their network in an illegal or inappropriate manner.
Unauthorized entry and/or use of another company and/or individual's
computer system will result in immediate account termination. TmaxHost
will not tolerate any subscriber attempting to access the accounts of
others, or penetrate security measures of other systems, whether or
not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the person
receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right: Distribution and/or posting of
copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that
attempts to and/or causes damage, harassment, or annoyance to persons,
data, and/or computer systems are prohibited. Such an offense will
result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device
that would facilitate a continued connection, i.e. pinging, while
using TmaxHost services could result in suspension service.
Third Party Accountability: TmaxHost subscribers will be held
responsible and accountable for any activity by third parties, using
their account, that violates guidelines created within the Acceptable
Use Policy.
Banned Scripts:
Please refer to
http://www.tmaxhost.com/banned_scripts.htm for all the banned
scripts. If we find banned scripts active in your account, we
will disable or remove the offending script and send you an email
notifying you of our actions. However, if the action is damaging or
the scripts is potentially damaging, we reserve the right to suspend
or terminate your account.
Violation Of TmaxHost Virtual Accounts: It
is absolutely forbidden to host pornographic content or IRC servers on
Virtual Server Accounts. Virtual Server Accounts found hosting this
material will be subject to immediate cancellation without refund.
IRC networks: It is absolutely forbidden to host an IRC server
that is part of or connected to another IRC network or server. Servers
found to be connecting to or part of these networks will be
immediately removed from our network without notice. The server will
not be reconnected to the network until such time that you agree to
completely remove any and all traces of the irc server, and agree to
let us have access to your server to confirm that the content has been
completely removed. Any server guilty of a second violation will
result in immediate account termination.
Security
Also prohibited are sites that promote any illegal
activity or present content that may be damaging to
TmaxHost.com servers or any other server on
the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
TmaxHost.com does not host
sites of its competitors or web pages promoting sites of its
competitors. Any illegal activity, including adult content,
links to adult content web sites, spamming or hacking will result in
your site being shut down and all your files deleted without warning.
TmaxHost.com will be the sole arbiter
as to what constitutes a violation of this provision.
TmaxHost.com shall be the sole judge of what
violates this Policy.
CGI Scripts Policy:
Each account comes with its own cgi-bin. You are
free to use any CGI scripts taht do not violate our
TOS you wish, however we reserve the right to disable any CGI
script that effects normal server operation or service to other
TmaxHost.com customers. TmaxHost.com is not
responsible for scripts that you use in your hosting. It is not our
responsibility to ensure your scripts function.
Please don't expect our support techs to troubleshoot aspects of your
scripts or third party scripts that you use on your sites hosted on
our servers.
Support Boundaries:
TmaxHost provides 24 x 7
technical support to our subscribers We limit our technical support to
our area of expertise. The following is our guidelines when providing
support: TmaxHost provides support related
to your services or virtual site physical functioning.
TmaxHost does not offer tech support for
application specific issues such as cgi programming, html or any other
such issue. TmaxHost does not provide
technical support for YOUR customers.
We will not tolerate abusive customer, any abusive
act toward our Staff is not welcome and we reserved the right to
terminated the account.
Chat Policy:
TmaxHost.com does not allow
chat rooms.
Network:
IP Address Ownership: If TmaxHost assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet
Protocol address shall belong only to TmaxHost, and Customer shall
have no right to use that Internet Protocol address except as
permitted by TmaxHost in its sole discretion in connection with the
Services, during the term of this Agreement. TmaxHost shall maintain
and control ownership of all Internet Protocol numbers and addresses
that may be assigned to Customer by TmaxHost, and TmaxHost reserves
the right to change or remove any and all such Internet Protocol
numbers and addresses, in its sole and absolute discretion.
IP Address Usage: Any customer caught using an IP address that
has not been assigned to them agrees to pay a $50
fee. The domain caught using the offending IP address can be disabled
or deleted at the discretion of TmaxHost.
Bandwidth and Disk Usage: Customer agrees that bandwidth and
disk usage shall not exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form (the "Agreed Usage").
TmaxHost will monitor Customer's bandwidth and disk usage. TmaxHost
shall have the right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective action may
include the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in TmaxHost sole and absolute
discretion. If TmaxHost takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees paid
in advance prior to such action. In the event that a customer exceeds
the included allocation, TmaxHost may, at its sole discretion, collect
a deposit, in an amount determined by TmaxHost, against customer's
credit card on file with TmaxHost.
System and Network Security: Users are prohibited from
violating or attempting to violate the security of the TmaxHost
Network. Violations of system or network security may result in civil
or criminal liability. TmaxHost will investigate occurrences, which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting Users who are involved in such
violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server
or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without
proper authorization.
- Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is
not entitled
Resource Use
CPU & Memory:
All accounts are monitored for their use of server resources. If any
account is using a high amount of server resources we will contact the
customer to discuss the issue with them. In serious cases where an
account is using a considerably large amount of system resources
(memory, CPU etc.) the account may be suspended or script disabled
without notice to maintain the smooth running of the server.
Data transfer and webspace allocations :
Customers can request a package upgrade at the costs available to view
on our website at http://www.tmaxhost.com.
It is the sole responsibility of the customer to contact us in advance
of upgrading to prevent account suspension.
In some cases, accounts are automatically suspended when their
resource limits have been reached and manual unsuspension is required
by us
Suspension of Service or Cancellation:
TmaxHost reserves the right to suspend network access to any customer
if in the judgment of the TmaxHost network administrators the
customer's account is the source or target of the violation of any of
the other terms of the AUP or for any other reason which TmaxHost
chooses. If inappropriate activity is detected, all accounts of the
Customer in question will be deactivated until an investigation is
complete. Prior notification to the Customer is not assured. In
extreme cases, law enforcement will be contacted regarding the
activity. The customer will not be credited for the time the
customer's account was suspended. The customer will also not be
credited for any fees if their account has been terminated.
TmaxHost reserves the right to amend its policies at any time. All
resellers of TmaxHost must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate
Cancellation. You will be held responsible for the actions of your
clients in the matter described on these Terms and conditions.
Backup Policy
It is the clients responsibility to do all backups of their site. If,
in the unfortunate event, something happens to your files, it is your
responsibility to have a local copy of your files. We are NOT held
liable in any way for any files, money, time, effort, etc... lost due
to this unfortunate event. Furthermore, if your files are lost, we
will attempt to restore them as a gesture of good faith, but make no
promises what so ever about whether the files will be brought back
successfully or not. Again, back ups are the client's responsibility
REPORTING VIOLATIONS OF TmaxHost AUP
TmaxHost requests that anyone who believes that there is a violation
of this AUP direct the information to the Abuse Department at
If available, please provide the following information:
· The IP address used to commit the alleged violation
· The date and time of the alleged violation, including the time zone
or offset from GMT
· Evidence of the alleged violation
E-mail with full header information provides all of the above, as do
system log files. Other situations will require different methods of
providing the above information. TmaxHost may take any one or more of
the following actions in response to complaints:
· Issue written or verbal warnings
· Suspend the Member's newsgroup posting privileges
· Suspend the Member's account
· Terminate the Member's account
· Bill the Member for administrative costs and/or reactivation charges
· Bring legal action to enjoin violations and/or to collect damages,
if any, cause by violations
Miscellaneous Provisions:
You must provide us with, and keep current, good
contact information for you. E-mail, telephone and fax contacts are
used, in that order of preference.
A waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as a
continuing or subsequent waiver thereof or as a waiver of any breach
of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the
prior written consent of the Company. Company may assign Agreement at
anytime without consent from or notice to Subscriber. Company reserves
right to cancel customers rights under this contract at anytime
without further obligation.
TmaxHost takes no responsibility for any material input by others and
not posted to the TmaxHost Network by TmaxHost. TmaxHost is not
responsible for the content of any other websites linked to the
TmaxHost Network; links are provided as Internet navigation tools
only. TmaxHost disclaims any responsibility for any such inappropriate
use and any liability to any person or party for any other person or
party's violation of this policy.
TmaxHost is not responsible for any damages your business may suffer.
TmaxHost does not make implied or written warranties for any of our
services. TmaxHost denies any warranty or merchantability for a
specific purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions
including equipment failure.
Responsibility for Content:
You, as TmaxHost customer, are solely responsible
for the content stored on and served by your account
Modification
We reserves the right to add, delete, or modify these Terms and
Conditions, our hosting packages, prices and website at any time with
or without notice provided. All customers
are encouraged to check this document at least once a month to ensure
they are aware of any changes.
"TmaxHost" is a trading style of
Truemax Industries.
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