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PAID HOSTING - TERMS OF SERVICE |
IMPORTANT NOTICE: *All Payments to
T35 Hosting Are Non-Refundable, except where we have been unable
to provide or deliver the services that you ordered, and only
after we have determined that we are unable to provide such
services. To avoid any such situation or misunderstanding,
please contact us to make sure that we can indeed provide the
services that you desire.*
T35 Hosting uses a recurring billing (subscription)
system; If you no longer wish to use your account (and no longer
want to be charged), you MUST contact us at least 10 days before
your next billing date (based on our anniversary system you will
be billed on the same day each time). If you paid with paypal,
you can also cancel your subscription from your paypal login,
but we ask that you let us know anyway.
Also we are now taking a zero tolerance approach
with spam. Please make sure that unsolicited emails are not
being sent from your account. A violation of our spam terms will
result in immediate termination and may involve other fees. Your
best bet to protect yourself is to make sure neither you nor
your clients are sending out any mass unsolicited emails.
T35 Hosting ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS (Terms
of Service).
Use of T35 Hosting Service constitutes acceptance
and agreement to T35 Hosting's TOS (Terms of Service), which has
the legal binding value of a contract. Ordering and/or using our
services constitutes an acceptance of the terms, provisions and
conditions of this contract as stipulated in both the present
TOS.
All provisions of this contract are subject to the
present TOS (Terms of Service).
This Agreement shall be construed in all respects in
accordance with the laws of the state of New Jersey, county of
Bergen applicable to contracts enforceable in that state. Venue
will be Bergen County, New Jersey.
1. Disclosure to Law Enforcement: The TOS
specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees that the Company may
disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law
enforcement agent who makes a written request without further
consent or notification to the Subscriber. In addition T35
Hosting shall have the right to terminate all service set forth
in this Agreement.
2. 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. Our Price Freeze policy applies only
to the base monthly hosting plan rates for existing customers.
Our rates are subject to change at any time. Should unforeseen
circumstances (cost hikes in our upstream providers, etc.) arise
that would force us to seek to raise the base rates of these
plans, Subscriber will be notified and given the choice to
remain with the Company or seek another provider of services.
3. Payment: Establishment of this service is
dependent upon receipt by the Company of payment of stated
charges. Subsequent payments are due on the anniversary date of
the month for that month's service.
4. Payments and Fees: Credit cards that are
declined for any reason are subject to a $20.00 declination fee.
Service will be interrupted on accounts that reach 7 days past
due. Service interrupted for nonpayment is subject to a $20.00
reconnect charge. Accounts not paid by due date are subject to a
$25 late fee. Accounts that are not collectable by T35 Hosting
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 $50 nor more than $350. If you desire to cancel
your account, please follow the proper procedure to do this as
outlined in this TOS.
a. Price Freeze Policy: We practice a policy of
price freezing. This means that the customer stays permanently
with the price and feature structures for which they signed up,
and neither their monthly costs, nor their features can be
changed, even when our prices go up/down or when we changed our
account features. Customers are however allowed to upgrade to
the next pricing level, that is, they can only upgrade to at
least the next plan above their current plan and pricing
structure. Normal setup fees will apply during such upgrades.
Downgrades of plans and prices are not allowed. Price freeze
policy applies only to the Web-Hosting Accounts themselves and
to those fee-based addons and features that have already been
ordered. The price of addons and features that are fee-based may
change at any time and such new price will apply to all new
customers and to all new orders by existing customers.
b. Account Renewal Policy: Accounts are
automatically renewed on a per term basis, but each term must be
pre-paid in advance. Our terms of service are: 1 months or 12
months. Longer terms can be negotiated. We must always have
valid credit card information on record in order to facilitate
the implementation of automatic rebilling of due accounts at
renewal time. If you plan to cancel your account (not continue
for the next term) you must warn us at least 12 days before your
term is up. This time is critical to making sure your credit
card/bank account is not charged for the next term.
5. Refund and Disputes: All payments to T35
Hosting are nonrefundable. This includes the one time setup fee
and subsequent charges regardless of usage. All overcharges or
billing disputes must be reported within 60 days of the time the
dispute occurred. If you dispute a charge to your credit card
issuer that, in T35 Hosting's sole discretion is a valid charge
under the provisions of the TOS and /or TOS, you agree to pay
T35 Hosting an "Administrative Fee" of not less than $50 and not
more than $350.
6. Failure to Pay: 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.
7. Account Cancellation: Requests for
canceling accounts may be made in writing with at least 10 days
notice but not more than 14 days prior written notice and sent
to:
T35 Hosting
Attn: Cancellations
42-09 Naugle Drive
Fair Lawn, NJ 07410
USA
Or you may email request to webmaster@t35.net
T35 Hosting may also consider cancellation submitted
via the Trouble Ticket system in the members section of your T35
Hosting account. Please log into your account via the members
section and submit your request for cancellation via the Trouble
Ticket System. From there, you can request to have your virtual,
reseller or server account cancelled no sooner than 60 days and
no later than 30 days before the date at which you wish service
to stop.
You must have all account information to cancel.
Also, note that accounts can be cancelled only at the end of the
term for which you signed up (quarterly, 6 months, 9 months or
one year). For instance, if you signed up for an account on
March 3, 2003 under a quarterly term, the end of your term is
June 3, 2003. We must thus receive your cancellation notice by
May 3, 2003 (30 days prior to the end of the term). Early
cancellations do not give lieu to a refund of the part of the
service that you did not use.
a. Account downgrades and upgrades:
Downgrading of account to lower price-structure
accounts is not permitted. Also, customers cannot cancel one
account in order to sign-up for a cheaper account or to take
advantage of changes in our plan and package configurations.
Customers can only upgrade to accounts with a higher price
structure.
8. Subscriber acknowledges that the service
provided is of such a nature that service can be interrupted for
many reasons other than the negligence of the company and that
damages resulting from any interruption of service are difficult
to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes
beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for
its own negligence may not in any event exceed an amount
equivalent to charges payable by subscriber for services during
the period damages occurred. In no event shall the company be
liable for any special or consequential damages, loss or injury.
9. New Domain Accounts: All new webhosting
accounts involving new domains will be set up and entered into
our DNS servers within 3 to 5 business days. Due to unforeseen
complications, however, this process may sometimes require up to
7 business days. If the new domain is registered by the account
holder, there will be no handling fee. If the domain is
registered by T35 Hosting on behalf of the account holder a
handling fee (domain registration fee) will be incurred.
10. Transfer of Domains: New webhosting
accounts which involve the transfer of a domain from another
provider to T35 Hosting may require a minimum of seven (7) days
to be set up and entered into our DNS servers. In some cases,
such transfers may take up to sixty (60) days. Due to the
unpredictable nature of the transfer process, no guarantees are
made regarding the amount of time a specific transfer may take.
If the transfer of the domain is done by T35 Hosting on behalf
of the account holder a handling fee (domain transfer fee) will
be incurred. If the customer cancels service during the transfer
period for any reason, all charges are considered earned and no
refund will be issued.
11. Support Boundaries: T35 Hosting, provides
24 x 7 technical support to our subscribers (except for few
holidays and short company meetings when we close our center.)
We limit our technical support to our area of expertise. The
following is our guidelines when providing support: T35 Hosting
provides support related to your server or virtual site physical
functioning. T35 Hosting does not offer tech support for
application specific issues such as cgi programming, html or any
other such issue. T35 Hosting does not provide technical support
for YOUR customers. We encourage you to use our Trouble Ticket
system for assistance. The Trouble Ticket system is accessible
from your account Control Panel and/or Billing area. If you are
able to get online and have other questions, the answers may be
on our FAQ page- we encourage you to check there first. Lastly,
the Help files in the program you are using and the makers of
any such program may have the answer to your question so please
do investigate these resources before contacting T35 Hosting
tech support. We may offer limited help on CGI or html at our
sole discretion, and only for generic usage issues.
12. SPAM and Unsolicited Commercial Email (UCE):
T35 Hosting takes a zero tolerance approach to the
sending of Unsolicited Commercial Email (UCE) or SPAM over our
network. Very simply this means that customers of T35 Hosting
may not use or permit others to use our network to transact in
UCE. Customers of T35 Hosting may not host, or permit hosting
of, sites or information that is advertised by UCE from other
networks. Violations of this policy carry severe penalties,
including termination of service.
a. Violation of T35 Hosting's SPAM policy will
result in severe penalties. Upon notification of an alleged
violation of our SPAM policy, T35 Hosting will initiate an
immediate investigation (within 48 hours of notification).
During the investigation, T35 Hosting may restrict customer
access to the network to prevent further violations. If a
customer is found to be in violation of our SPAM policy, T35
Hosting may, at its sole discretion, restrict, suspend or
terminate customer's account. Further, T35 Hosting reserves the
right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. T35 Hosting
will notify law enforcement officials if the violation is
believed to be a criminal offense.
b. First violations of this policy will result in an
"Administrative Fee" of $250 and your account will be reviewed
for possible immediate termination. A second violation will
result in an "Administrative Fee" of $500 and immediate
termination of your account. Users who violate this policy agree
that in addition to these "Administrative" penalties, they will
pay "Research Fees" not to exceed $100 per hour that T35 Hosting
personnel must spend to investigate the matter. PLEASE, DO NOT
SPAM from your account or any other account related in some ways
with our network and services.
c. As our Customers are ultimately responsible for
the actions of their clients over the T35 Hosting network, it is
advisable that Customers develop a similar, or stricter, policy
for their clients. Our customers will be liable and held
responsible for the actions of their clients.
IMPORTANT NOTICE:
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 server immediately removed from
our network. The server will not be reconnected 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 server to confirm that all material has been
COMPLETELY removed. Severe violations may result in immediate
and permanent removal of the server from our network without
notice to the customer. Any server guilty of a second violation
WILL be immediately and permanently removed from our network
without notice. IN any case of violation, the penalty fees
stipulated above will be applied.
13. Network
a. IP Address Ownership: If T35 Hosting
assigns Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address shall
belong only to T35 Hosting, and Customer shall have no right to
use that Internet Protocol address except as permitted by T35
Hosting in its sole discretion in connection with the Services,
during the term of this Agreement. T35 Hosting shall maintain
and control ownership of all Internet Protocol numbers and
addresses that may be assigned to Customer by T35 Hosting, and
T35 Hosting reserves the right to change or remove any and all
such Internet Protocol numbers and addresses, in its sole and
absolute discretion. Our allocation of IP addresses is limited
by ARIN's new policies. These new policies state that use of IP
addresses for IP based virtual hosts will not be accepted as
justification for new IP addresses. What this means to you is
that our customers with servers MUST use name-based hosting
where possible. We will periodically review IP address usage,
and if we find that clients are using IP addresses where
name-based hosting could be used, we will revoke authorization
to use those IP addresses that could be used with name-based
hosting.
b. 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"). T35 Hosting will monitor
Customer's bandwidth and disk usage. T35 Hosting 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 T35 Hosting's sole
and absolute discretion. If T35 Hosting 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, T35
Hosting will temporarly suspend the account, allowing the
customer to purchase more bandwidth for the site to be
re-activated, or to wait until the next bandwidth cycle begins.
c. System and Network Security: Users are
prohibited from violating or attempting to violate the security
of the T35 Hosting Network. Violations of system or network
security may result in civil or criminal liability. T35 Hosting
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.
14. Notification of Violation:
a. T35 Hosting is under no duty to look at each
customer's or user's activities to determine if a violation of
the TOS has occurred, nor do we assume any responsibility
through our TOS to monitor or police Internet-related
activities.
b. First violation: Any User, which T35 Hosting
determines to have violated any element of this TOS, shall
receive an email, warning them of the violation. The service may
be subject at T35 Hosting's discretion to violation fee and/or a
temporary suspension pending a User's agreement in writing, to
refrain from any further violations.
c. Second Violation: Users that T35 Hosting
determines to have committed a second violation of any element
of this Acceptable Use Policy shall be subject to immediate
suspension or termination of service without further notice,
including any applicable violation fees.
d. We reserve the right to drop the section of IP
space involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm to
parties on the Internet. In particular, if open relays are on
your network or a customer's network, or if denial of service
attacks are originating from your network. In certain rare
cases, we may have to do this before attempting to contact you.
If we do this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation:
T35 Hosting reserves the right to suspend network
access to any customer if in the judgment of T35 Hosting network
administrators the customer's server is the source or target of
the violation of any of the other terms of the TOS or for any
other reason which T35 Hosting 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
machines were suspended.
16. T35 Hosting reserves the right to amend its
policies at any time. All Sub-Networks, resellers and managed
servers of T35 Hosting 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. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or
otherwise called Acceptable Terms of use policy.
17. Indemnification: T35 Hosting wishes to
emphasize that in agreeing to the T35 Hosting Terms of Service
(ToS), customer indemnifies T35 Hosting for any violation of the
Terms of Service (ToS) that results in loss to T35 Hosting or
the bringing of any claim against T35 Hosting by any
third-party. This means that if T35 Hosting is sued because of a
customer's or a customer of a customer's activity, the customer
will pay any damages awarded against T35 Hosting, plus all costs
and attorney's fees.
18. Miscellaneous Provisions: You must
provide us with, and keep current, good contact information for
you. E-mail, fax, and telephone contacts are used, in that order
of preference.
a. 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.
b. 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.
c. T35 Hosting takes no responsibility for any
material input by others and not posted to the T35 Hosting
Network by T35 Hosting. T35 Hosting is not responsible for the
content of any other websites linked to the T35 Hosting Network;
links are provided as Internet navigation tools only. T35
Hosting 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.
d. T35 Hosting is not responsible for any damages
your business may suffer. T35 Hosting does not make implied or
written warranties for any of our services. T35 Hosting 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 caused by
T35 Hosting.
e. 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.
19. Responsibility for Content: You, as T35
Hosting's customer, are solely responsible for the content
stored on and served by your T35 Hosting server or virtual
account(s).
T35 Hosting reserves the right to revise, amend, or
modify this TOS (Terms of Service) and our other policies and
agreements at any time and in any manner. T35 Hosting is under
no obligation to notify customers of any change to its TOS. It
is the responsibility of each subscriber to visit this page at
least every week for possible changes to the TOS. Not being
aware or notified of any change cannot be used as an excuse.
Each customer will have 15 days following any change to notify
us of their intention to cancel service because of disagreement
with changes to the present TOS. |
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