Definition
of terms: "We" includes TC Web Hosting, TCWebHosting.com
or any party acting on TC Web Hosting's implicit instructions. "You"
includes the person purchasing the services or any party acting on the
customer's instructions. "The Registrant" includes the person
applying for a domain name or any party acting on the Registrant's instructions.
"The Registry" is the relevant domain name Registry. "Server"
means the computer server equipment operated by us in connection with
the provision of the Services. "Web Site" means the area on
the Server allocated by us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties agree to
the following, which shall apply during the term of this agreement.
By
using our services you agree to be bound by our terms and conditions
below:
1.
Domain Name Registration
1.1 We make no representation that the domain name you wish to register
is capable of being registered by or for you or that it will be registered
in your name. You should therefore not assume registration of your requested
domain name(s) until you have been notified that it has or they have
been registered. Any action taken by you before such notification is
at your risk.
1.2 The registration and use of your domain name is subject to the terms
and conditions of use applied by the relevant naming authority; you
shall ensure that you are aware of those terms and conditions and that
you comply with them. You shall have no right to bring any claim against
us in respect of refusal to register a domain name.
1.3 We shall have no liability in respect of the use by you of any domain
name; any dispute between you and any other person must be resolved
between the parties concerned in such dispute. If any such dispute arises,
we shall be entitled, at our discretion and without giving any reason,
to withhold, suspend or cancel the domain name. We shall also be entitled
to make representations to the relevant naming authority but will not
be obliged to take part in any such dispute.
2.
Web Site Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy
or quality of information received by any person via the Server and
we shall have no liability for any loss or damage to any data stored
on the Server.
2.2. You shall effect and maintain adequate insurance cover in respect
of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the
Web Site allocated to you only for lawful purposes. In particular, you
represent, warrant and undertake to us that.
2.3.1 You will not use the Server in any manner which infringes any
law or regulation or which infringes the rights of any third party,
nor will you authorize or permit any other person to do so.
2.3.2 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of,
a criminal offense or which infringes any patent, trade mark, design
right, copyright or any other intellectual property right or similar
rights of any person which may subsist under the laws of any jurisdiction.
2.3.3 you will not send bulk email, whether opt-in or otherwise, from
our network; nor will you promote a site hosted on our network using
bulk email.
2.3.4 you will not employ programs which consume excessive system resources,
including - but not limited to - processor cycles and memory.
2.4 We reserve the right to remove any material which we deem inappropriate
from your web site without notice. We do not host Warez, Adult or illegal
MP3 content (i.e. you may only upload MP3's if you own the copyright).
2.5 You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately
of any known or suspected unauthorized use of your account or breach
of security, including loss, theft or unauthorized disclosure of your
password or other security information.
2.6 You shall observe the procedures which we may from time to time
prescribe and shall make no use of the Server which is detrimental to
our other customers.
2.7 You shall assure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and in a secure
manner.
2.8 In the case of an individual User, you warrant that you are at least
18 years of age and if the User is a company, you warrant that the Services
will not be used by anyone under the age of 18 years.
2.9 Any access to other networks connected to TC Web Hosting must comply
with the rules appropriate for those other networks.
2.10 While we will use every reasonable means to ensure the integrity
and security of the Server, we do not guarantee that the Server will
be free from unauthorized users or hackers; and we shall be under no
liability for non-receipt or misrouting of email or for any other failure
of email.
2.11 Sending of SPAM is not tolerated.
3.Web
Site Hosting Service Availability
3.1 We shall use all reasonable means to make the server and services
available to you, but we shall not, in any event,
be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and
for any reason, generally without notice, but if such suspension lasts
or is to last for more than 7 days you will be notified of the reason.
3.3 The Services provided to you hereunder and your account with us
cannot be transferred or used by anyone other than you. No more than
one log-in session under any one account may be used at any time by
you. If you have multiple accounts, you are limited to one login session
per system account at any time; user programs may be run only during
log-in sessions. If your account is found to have been transferred to
another party, or shows other activity in breach of this subclause,
we shall have the right to cancel the account and terminate the Services
and/or this Agreement immediately.
3.4 Uptime guarantees do not include downtime required to upgrade / service hardware.
4.Web
Site Hosting Payment
4.1 All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to time by us
on our web site and shall be due and payable in advance of our service
provision. We reserve the right to change pricing at any time, although
all pricing is guaranteed for the period of pre-payment.
4.2 Payment is due each month or year until closure notice is given.
If you choose to pay by credit or debit card you authorize TC Web Hosting's
credit card / debit card processing (2checkout.com) to debit your account
renewal fees from your card.
4.3 All payments must be in US dollars.
4.4 Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services to you.
4.5 If you pay yearly we will deduct 1 month's fee from the 12 month total; the last
month of the year is considered free.
5. Web Site Hosting Termination
5.1 If you fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without notice
to you.
5.2 If you break any of these terms and conditions we may suspend the
Services and/or terminate your account.
5.3 If you are a company and you go into insolvent liquidation or suffer
the appointment of an administrator or administrative receiver or enter
into a voluntary arrangement with your creditors, we shall be entitled
to suspend the Services and/or terminate this Agreement forthwith without
notice to you.
5.4 Refunds will be given at the discretion of the Company Management
including refunding of upfront yearly fees.
5.5 If you paid for a year and you cancel midyear we will refund the payment amount not used.
When we calculate the yearly
fee we consider the last month free.
5.6 We reserve the right to suspend the Services and/or terminate this
Agreement / your account at any time with no notice or reason.
5.7 You may cancel the Services at any time.
5.8 On termination of this Agreement or suspension of the Services we
shall be entitled immediately to block your Web Site and to remove all
data located on it.
6. Adult website hosting
6.1 We do not under any circumstances allow adult content of any kind on our servers.
6.2 Any customer found to be hosting underage and / or illegal content,
i.e., child porn, will have their account terminated immediately and
the offending content will be reported to the proper authorities.
6.3 A charge of $150 will be taken from any customer found to be hosting
child porn and no refunds will be paid.
7. Credit / Debit Card Chargebacks
7.1 If a service has been used and the customer requests their bank
to recall the payments made (sometimes called a chargeback) then legal
action will be taken against the customer to recover such payments in
all circumstances.
7.2 All actions of fraud are automatically reported to the police.
8.
This agreement
8.1. By performing any transactions on this web site you agree to these
terms and conditions.
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