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.
Last updated on July 20, 2015
In consideration for TSC maintaining one or more accounts (each "Account"), you, as the TSC customer, agree to the following terms of service.
- "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 customer actions, 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
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 account holder, 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.
Your use of the Services is at your sole risk. 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 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.
Cancellation of Service
Customers are responsible for notifying TSC in the event of cancellation of service. Changing your name servers to a new provider, or transferring your domain registration, does not constitute as notification of cancellation of service. Any fees incurred prior to notification of cancellation are the responsibility of the customer. TSC will not issue refunds for domain registration or hosting once these fees have been applied. To cancel service, please contact your Account Executive, or local TSC office. You can also cancel service by emailing email@example.com Unless you tell us otherwise, your account will be cancelled on the last business day of the current month, and you will continue to have access to your account until that time.
TSC's hosting Services are not "HIPAA compliant." Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. TSC does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. In regard to hosting Services, we do not sign "Business Associate Agreements" and you agree that TSC is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.