Terms of Service Techwebhosting dba Techwebhosting Internet Solutions will be referred to as TWH throughout this document. Customer Agreements
* Customer agrees to pay on time via selected payment method at time of purchase.
* Customer agrees that there will be a 10% late fee for all invoices not paid by due date.
* Customer agrees that after invoice due date account is suspended until payment is received on invoices deemed “late” late being not paid until after the due date.
* Customer has until end of day on due date to pay invoice
* Customer agrees that TWH is not responsible for content on their website, and TWH is not responsible for backing up that data.
* Customer agrees that any actions on their “site”(defined as, any information stored, posted or transmitted from their account… ect…) they are directly liable for, and releases all liability from TWH and its owners, entities and related endeavors.
* TWH is not responsible for customer data in the event of a “hack”(Hack is defined as someone gaining unauthorized access to customer account, due to customer fault in scripting, password strength or in any other security flaw based on customers configuration)
* Customer agrees that this TOS can be updated at anytime without prior notice, or notice of change.
* Customer agrees that TWH reserves the right to close down customer account at anytime for any reason. If account closure is performed customer will have 7 days from closure to contact support department and request backup. After that 7 day period all data will be deleted and customer information removed. Along with data deletion, TWH will relinquish control of any domains that the customer owned through TWH.
* Customer agrees that in law enforcement investigation with warrant we will comply and turn over all requested data and customer information.
Service Layer Agreements
* TWH Webhosting service is defined as a best effort service, we as a company will do everything within our power to ensure service to our customers.
* We are not liable for service outages due to any “act of god”(Defined as weather beyond our control, including but not limited to, flood, electrical storm, fire, tornado…ect)
* TWH is also not liable in the event that a government entity may need to intervene and disrupt service, this could be, but not limited to confiscation of servers, routing equipment, or other equipment related in providing customers service
* We will maintain an uptime agreement of 99.5% per month, that uptime will reset at the beginning of each month.
* If deemed by TWH staff a customer credit can be issued per this service layer agreement, customer credit will be 15% of total monthly price per day of outage.
* TWH is not responsible for outages due to routing or record updates outside of our network.
Mass Mailings. TWH has a zero tolerance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same ,or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of TWH whether or not the message actually originated from our network. Mailing Lists: TWH’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future. If your actions have caused TWH mail servers or TWH IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $25 per hour for administrative charges incurred to remove and protect mail servers and IP ranges. Violation of the above terms will result in one or all of the following:
* A warning from via email or phone.
* Removal of DNS for the advertised / originating site.
* Immediate disconnection of service with no re-activation.
* $100 fee assessed to your account for violation.
TWH hosting accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. TWH will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.
Suspension and Cancellation
TWH reserves the right to suspend service to any Customer for violation of the Terms of Service. TWH will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. TWH reserves the right to terminate service without notice for continued and repeated violations of the ToS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of $100 and contract acceleration for all amounts outstanding under the contract term.
TWH guarantees that any client in good standing who submits a support issue through our online ticket system will receive prompt response and resolution. All responses to initial ticket submission will be made within 24 hours. As different issues require varying amounts of time to resolve, TWH guarantees that open tickets requiring action will be updated and clients notified at least once every business day. The primary means of this notification by TWH will be email. Failure to provide adequate email address or details surrounding the issue will void this guarantee for the specific issue only. Failure of TWH to abide by this guarantee will result in the client receiving one full month’s credit applied to their account. This credit is redeemable for TWH services only and is not refundable as cash for any reason. Client is NOT responsible for requesting credit as all tickets are time stamped and reviewed daily.
Customer agrees that it shall defend, indemnify, save and hold TWH harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (”Liabilities”) asserted against TWH, its agents, its customers, servants 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. Customer agrees to defend, indemnify and hold harmless TWH against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with TWH Webhost service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on TWH’s Webhosting service.
Last Updated – June 8th 2009