THESE ARE THE TERMS OF
SERVICE which govern your hosting transaction. They
explain what we provide and what we do not provide. All
hosting accounts are covered by a 30-Day Guarantee.
Unacceptable or Socially Inappropriate Content: we
reserve the right to refuse Domain Hosting Services to
Sites deemed "Unsuitable". Unsuitable sites include, for
example, sites that:
>include, promote, or link to violence or illegal
activities.
>include, promote, or link to material that promotes or
depicts discrimination based on sexual orientation,
race, gender, religion, national origin, physical or
mental disability, or age.
>include, promote, or link to material which violate
intellectual property rights or material of such nature.
Right of Refusal: We reserve the right to
refuse/terminate hosting services to any individual,
company, organization, or entity when breaching any of these Terms. In such
cases, TrustyWebHosting, Inc. may issue or refuse to issue a full
and immediate refund of all monies paid including setup
fee's. In the event that services are
refused/terminated, no explanation will be required.
Mail Server Policy: Any sites that engage in excessive
use of the Mail Server are prone to immediate
termination without notice. Excessive use is defined as
any process or procedure which overtaxes the Mail Server
resulting in other clients being unable to access the
Mail Server to send and receive normal email
communications. Prolonged and repeated mail abuse will
result in a users SMTP privileges being revoked without
notice.
Spam Policy: We do not practice, participate in nor
condone SPAM of any sort. Offenders of SPAM will be
notified in writing by us to cease and desist such
activities. Failure to comply will result in immediate
termination of mail services without refund. The
negligence of a single domain residing on our servers
could result in we being placed on an anti-spam list.
Should we be placed on the anti-spam list, every domain
e-mail service will be affected and blocked. We wish to
protect our customers of this problem and for this
reason, we will remain intolerant of SPAM and hacking.
Bandwidth Policy : We do provide an UNMETERED bandwidth for any account without any restrictions as long as the account owner is abiding by these Terms, but if you use your account for audio/video streaming &/or download, or any kind of files upload/download then you are not allowed to store in your account more than 5% of audio/video &/or files for download of its allocated disk space and you should always remember that those audio/video/files for downloads should not violate any copyright &/or intellectual property.
Declaration: By ordering (purchasing) any of our products/services, you declare that you have read and approved these terms and conditions and you state that you comply to them and you accept that your account and the use such products/services will be governed by them.
Policies and Pricing: Customers who purchase
TrustyWebHosting, Inc. service(s) will be considered customers.
All company rules, policies and operating procedures
concerning customer orders, customer service and service
sales will apply to these customers. We reserve the
right to change our policies and operating procedures at
any time. For example, we will determine pricing
schedule for services sold by us which may vary from
time to time. Failure to pay any invoice on the due date will reflect in account suspension and after 30 days of the suspension date your account will be terminated and all your files and data will be removed permanently from our servers, after the termination nothing will be recovered or restored. Overdue invoices are subject to 10% late payment fee of their total.
Payment of Service(s): TrustyWebHosting, Inc. accepts payment in
the form of Cash, Credit Card (Mastercard, Visa, Amex, JCB, Discover, Diners Club), Bank
Wire, Online check (US Banks), personal or company check, cashier's check, money
order, PayPal, CashU, E-Gold, MoneyBookers, iKobo, Western Union and MoneyGram.
All checks will be charged a US$50 service fee. Credit
Card numbers will be verified before transactions occur.
Upon receipt of payment, you will receive an order
confirmation via an e-mail message outlining other
policies and procedures.
Service Agreement: We agree to process services
purchased by customers. We reserve the right to reject
orders that do not comply with the necessary
requirements that we may establish from time to time. We
will be responsible for all aspects of service
processing, customer support and payment processing and
we agree to handle all customer service requests
generated at the order form. After the completion of the
setup of your services, ALL service requests must be
made via the Request for Service Form. This is necessary
to be sure all requests for assistance are met in a
timely, efficient manner. affiliates - We will track
sales made to customers who purchase services using
linkIDs from the Approved Site to our site and we will
provide you with reports of the sales at the time of Fee
Payment.
Customer Service and Our Service Warranty: We agree to
provide technical assistance for services you purchased
where there is a technical problem as the result of the
setup or configuration of your Internet service(s). We
will resolve these problems and provide e-mail response
as to the solution within 1-2 business days providing
you follow the service policies and procedures outlined
in your order confirmation document. We will provide
answers to frequently asked questions or problems which
will be posted on our site under the FAQ link. We will
not provide technical training other than the FAQ
section, the directions that come to you at the
completion of your setup, or training and/or consulting
services you have or will purchase. TrustyWebHosting stands
behind all our services -- both Internet and customer
services. At all times, we want our customers to feel
satisfied. We will provide the best possible service to
you. Should you find a problem with the setup of your
Internet service(s) as it is going on you are
responsible to contact TrustyWebHosting, Inc. as outlined in your
order confirmation document. Flame mail directed to
TrustyWebHosting, Inc. or any of its officers or employees will
not be tolerated. Should you be unsatisfied with any of
our services within the first 30 days (from the time
payment), where no
mutual agreement can be met, TrustyWebHosting, Inc. may provide
you a full refund minus 10% (required for labor fees on
the setup of your services). Refunds will not be issued
past 30 days.
We disclaim all liability for development and
maintenance of Your Site that has not been directly purchased from TrustyWebHosting, Inc. You will compensate and
hold us harmless from all claims, damages and expenses
(including, without limitation, attorneys' fees)
relating to the development and maintenance and contents
of Your Site.
Should error or distinctions occur with the operations
of your site based on development or maintenance
provided by sources other than TrustyWebHosting, Inc. you will
be held liable, and will be expected to provide the
necessary provisions for correction of this.
Relationship Between You and TrustyWebHosting, Inc: This is an
agreement between independent contractors -- You and
TrustyWebHosting, Inc. This Agreement does not imply any
partnership, joint venture, agency, franchise, sales
representative or employment relationship between you
and TrustyWebHosting. You will not have, nor will you
represent that you have, any authority to make or accept
any offers or representations on our behalf. You will
not do anything to disparage or damage the reputation of
TrustyWebHosting or any of its officers, employees,
products and/or services.
Misrepresentation: You will not misrepresent
TrustyWebHosting, Inc. by expressed or implied claims of success,
warranties or service obligations or there of on our
behalf. We disclaim any liability for such claims or
implications made on your part to prospects, potential
customers, and/or customer of TrustyWebHosting. You
acknowledge this agreement will be terminated with or
without notice for misrepresenting TrustyWebHosting, its
officers, employees, distributors, assigns or products
or services.
Modification of Terms & Conditions: We may modify any of
the terms and conditions of this Agreement, at any time
and in our sole discretion, by posting a change notice
and the new agreement on our site. Modifications may
include but are not limited to changes in available fee
or payment schedules or procedures and Program rules.
YOUR ONLY RECOURSE TO CHANGES UNACCEPTABLE TO YOU IS TO
TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF
SERVICE(S) FOLLOWING THE POSTING OF CHANGE ON OUR SITE
WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.
Limitation of Liability: We disclaim liability for any
indirect, special or consequential damages, arising in
connection with this Agreement or Service(s), even if we
have been advised of the possibility of such damages.
Disclaimers: We make no expressed or implied warranties
or representations with respect to any services
purchased at TrustyWebHosting, Inc. (including, without
limitation, warranties of fitness, merchantability,
non-infringement or any implied warranties arising out
of a course of performance, dealing or trade usage).
Further, we make no representation that the operation of
our network, including our own Site, will be
uninterrupted or error free, and we will not be liable
for the consequences of any interruptions or errors.
Term of this Agreement and Termination: The duration of
this Agreement will begin with our receipt of your
first paymentt and will end when terminated by either
party. Either party may terminate this Agreement at any
time, with just cause, by giving the other party written
notice of termination BUT note that your account will be terminated immediately and without prior notice due to violation of Governmental Rules &/or National/International Laws or breach of our Terms & Conditions, without being held liable of any result might be caused due to that termination. Removal of all TrustyWebHosting, Inc.
Logos and all reference to association with
TrustyWebHosting, Inc. must be removed from the Approved site
immediately upon termination of this Agreement.
Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF PURCHASING TRUSTYWEBHOSTING, SERVICE(S) AND
ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Miscellaneous: This Agreement will be governed by the
laws of the state of Delaware, without reference to rules
governing choice of laws. Our failure to enforce your
strict performance of any provision of this Agreement
will not constitute a waiver of our right to
subsequently enforce such provision or any other
provision of this Agreement Any action relating to this
Agreement must be brought in the federal or state courts
located in the state of Washington and you irrevocably
consent to the jurisdiction of such courts with your
acceptance of this Agreement. TrustyWebHosting has the
right to choose any court worldwide and any law that
might rule this agreement depending on every case, which
TrustyWebHosting, Inc. might see suitable to be implemented.
Very Important: All suspended accounts are subject to US$15 re-activation & unsuspension fee.
All spammers' accounts &/or any account which violate these ters are terminated immediately and at the sole responsibility of the account owner. |