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Terms of Service

Terms and Conditions

This policy represents the TSC Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all TSC customers agree to when they sign-up for any of the TSC web site hosting services. TSC reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.

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General Provisions
In consideration for TSC maintaining one or more accounts (each "Account"), you, as the TSC customer, agree to the following terms of service.

Definitions

  • "We" "Us" "Provider" or "TSC".
  • "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

Disclaimer of Warranty
The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

TSC however, offers a 99.9% uptime guarantee. This is valid for only the TSC servers and our primary co-location internet connection. TSC shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, TSC is not responsible for any down time caused by any provider's hardware or network malfunction which is outside of TSC capability to directly correct. TSC clients are diverse and their web sites and the function of those web sites are diverse and TSC cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.

TSC MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither TSC nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of TSC, even if TSC has been advised to the possibility of such damages.

Limitation of Liability
IN NO EVENT SHALL TSC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE TSC'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF TSC'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF TSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TSC'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO TSC FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS, TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, TSC'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW

Indemnification
You agree to indemnify, defend and hold TSC and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto TSC's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to TSC's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by TSC's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Services Provided by TSC
TSC will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows TSC members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. TSC members will use the provided services in a manner consistent with any and all applicable laws. TSC provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. TSC reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, TSC can terminate client's account without notification.

  • Client Content:
    Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of TSC or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to TSC or any third party. Customers may not run IRC, bots or clients. Clients may not use TSC servers for file storage unrelated to the client's web site, storage space is for active web site file pages only. TSC's shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their addon domains that are not domains owned by the client on record at TSC. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites. TSC will be the sole and final arbiter as to what constitutes a violation of this policy. TSC does not normally monitor the contents of clients servers, however if suspicion occurs, TSC reserves the right to investigate and terminate the clients subscription to the service.

  • Unlimited Features:
    What do you mean by "unlimited disk space and bandwidth/data transfer"

    We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". We want you to have the resources available to you to build a great online presence.

    Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business web site.

    If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.

  • Excessive Resource User Policy:
    Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o) utilization. TSC offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that TSC control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using "Excessive amounts of resources" when it consumes 100% of 1 CPU core, and/or 512 MB Memory and/or 20 concurrent connections also known as "Computing Resources", and/or "Resources", and/or "Resource Usage". There are numerous issues that could cause such problems, including but not limited to: cgi scripts, FTP, HTTP, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. TSC will make every reasonable effort to notify customer prior to suspension, however, TSC may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. TSC will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their Resource Usage within their control panel.

  • No "Spam":
    UCE/UBE or "Spam" originating from a server located on our network or associated with a TSC server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the TSC network but is sent from an e-mail address not associated with that TSC account. Client shall not use their TSC services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. TSC reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

  • Excessive Exploits
    TSC allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren't included in the auto-installer) on your web hosting account. It is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to "hack", "exploit", "deface" their site(s) it is the responsibility of our clients to either remove that script or TSC reserves the right to terminate that clients' account and provide them with a prorated refund.

  • False Information:
    Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact TSC concerning unethical, false or unlawful activities by you, TSC reserve the right to suspend or terminate your service with or without notice.

  • Licensed Software Only:
    Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

  • Back-Up Files:
    TSC provides the tools needed to create back ups of account data. TSC also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. TSC does not provide or keep records or copies of our clients web site files for customer use and is not responsible for any loss of data including but not limited to hardware failure, backup failure, hacking or accidental deletion.
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