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Agreement
Techs
Solutions provides World Wide Web page hosting,
Marketing, and Development. Techs Solutions has certain legal and
ethical responsibilities consisting with the use of its server
and equipment involved in these services.
Techs Solutions general policy is to act as a provider of Web presence. Techs Solutions reserves the right to suspend or cancel a
customer's access to any or all services provided by Techs Solutions
when we decide that the account has been inappropriately used.
Abuse of Server
Any attempt to undermine or cause harm to a server, or
customer, of Techs Solutions is strictly prohibited.
Unauthorized use of other people's accounts or computers, Techs Solutions
will strongly react to any use or attempted use of an account or computer without the owner's
authorization. Such attempts include "Internet
scamming" (tricking other people into releasing their
passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Techs Solutions
customer, whether or not the attacked account or computer
belongs to Techs Solutions, will result in action against the
attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal
action, depending on the seriousness of the attack.
IMPORTANT NOTE - Techs Solutions has the right to discontinue
service, or deny access to anyone who violates our Policies or
the terms and conditions shown below WITHOUT WARNING OR
PRIOR NOTICE. No refunds of fees paid will be made if
account termination is due to violation of the terms outlined
below.
Customers may not run IRC, bots or clients on shared servers.
Unacceptable uses also include, but are NOT limited to: Bulk
emailing, unsolicited emailing, newsgroup spamming,
pornographic content, illegal content, copyright infringement,
trademark infringement, cracks, software serial
numbers, and/or anything else determined by Techs Solutions to be
unacceptable use of Techs Solutions services including abuse of
server resources.
Shared hosting accounts may be terminated that include the
following content or which have links to the following
content:
- Providing material that is grossly offensive to the Web
community including blatant expressions of bigotry,
racism, hatred, or profanity
- Promoting or providing instructional information about
illegal activities, or promoting physical harm or injury
against any group or individual
- Displaying material containing obscene nudity or
pornographic material (not applicable to managed dedicated
servers)
- Displaying material that exploits children under 18
years of age
- Acts of copyright infringement including offering
pirated computer programs or links to such programs,
information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration
numbers for software programs, or any type of cracker
utilities
Abuse of Unlimited Traffic
Techs Solutions customers are privileged to be offered unlimited
traffic for their web sites. The intention of Techs Solutions is to
provide a large space to serve web documents, not an off site
storage area for electronic files. All (90%) of your web pages
(html) must be 'linked' with files (.GIF, .JPEG, etc.) stored
on Techs Solutions server's. Web sites that are found to contain
either/or no html documents, a large number of unlinked files
are subject to warning, suspension or cancellation at the
discretion of Techs Solutions management. Any customer who violates
Techs Solutions Policies in abusing either space/site transfer will
be notified and given 2 days to remedy the problem. If the
problem is not resolved within the allotted period, the client
will be billed for the overages.
To maintain the integrity of our Shared hosting service the
following limitations apply:
Sites with banners, graphics or cgi scripts running from their
domain used on other domains. Sites with picture galleries
(This is any site where 50% of the files transferred is
graphics) Sites offering download files or archives. (This is
any site where 50% or more of there monthly traffic is from
file downloads). Sites using more than 30% of system resources
for longer than 60 seconds. Sites running multimedia files
(QuickTime, Real Audio, Real Video, MP3).
For those that do not qualify for the unlimited service,
traffic will go unmonitored until you reach 20 GB per month.
Thereafter, normal data transfer cost of $10.00/1GB/month will
be billed to your account. If you want to pre-pay for
bandwidth overages, you will be billed $5.00/1GB/month.
You will have 7 days to pay for your overages. If you do not pay for your overages
your site will be disabled within 7 days of your first notice.
Techs Solutions will be the sole arbiter as to what constitutes a
violation of this provision.
Spam (Unsolicited Email)
Unsolicited commercial advertisements (spam) is not allowed
in e-mail, and will likely result in account cancellation.
Techs Solutions takes a zero-tolerance approach to spam originating
from our servers or for spam advertising of domains hosted on
our servers.
The following activities are not allowed:
- Forging, altering or removing electronic mail headers is
prohibited. Any domain sending stealth spam will be
terminated without warning and without refund.
- Unsolicited bulk or commercial messages ("spam").
This includes, but is not limited to, bulk mailing of
commercial advertising, informational announcements,
charity requests, petitions for signatures, and political
or religious tracts. Such messages may only be sent to
those who have explicitly requested it from your domain.
- Sending numerous copies of the same or substantially
similar message with the intent to disrupt a server or
account ("mail bombing").
- Spamming Newsgroups: Commercial advertisements are
unwelcome in most Usenet discussion groups and on most
e-mail mailing lists. Inappropriate posting may result in
account cancellation. See the newsgroup or mailing list's
charter for whether advertising is allowed or not.
"Spamming," or sending a message to many
different off-topic newsgroups, is particularly unethical
and will be treated as such.
- Mail may not be used to harass or intimidate others.
Harassment, whether through language, frequency of
messages, or size of messages, is prohibited. Sending a
single unwelcome message may be considered harassment. If
a recipient asks to stop receiving e-mail, you must not
send that person any further messages.
Note: If you use the services of another provider to promote a
web site hosted by or through Techs Solutions (spamvertising), then
the provisions of the above Policy shall apply as if the spam
were sent through our servers.
99.9% Uptime Guarantee
(1.) Coverage
This 99.9% uptime guarantee applies to any Techs Solutions client in
good financial standing with Techs Solutions at the time of a service
outage.
(2.) Service Level Agreement & Specifications
Techs Solutions endeavors to have the content of your web site
available for http access by any party in the world 99.9% of
the time. Network downtime (unavailability) is defined as 100%
packet loss from Techs Solutions to its backbone providers. Downtime
is measured past 10 minutes after notification of network
failure via Techs Solutions online ticketing system. If the
ticketing system itself is unreachable, the ticket must be
started by calling the Techs Solutions NOC. Techs Solutions administrators
will determine the end of the downtime by a traceroute to the
customer's machine from outside the Techs Solutions network.
(3.) Credits
a. Shared Hosting - In the event that your web site is not
available for more than 99.9%, Techs Solutions will credit the
following month's service fee as follows. For any Shared
hosting client, such credit shall be retroactive and shall be
as calculated below and as measured 24 hours a day in a
calendar month, with the maximum credit not to exceed fifty
(50) percent of the monthly service charge for the affected
month.
| Monthly
Uptime |
Credit |
| 95%
to 99.8% |
5% |
| 90%
to 94.9% |
10% |
| 89.9%
or below |
30% |
b. Managed Dedicated Servers - For managed dedicated server
customers if the uptime is between 98.9% and 99.9% for any
particular month the credit shall be retroactive and
equivalent to the difference between the guaranteed level of
availability of the customer's services during the month and
the calculated actual level of availability of the customer's
services, multiplied by the actual charges incurred by the
customer for the services during that month period.
In order for you to receive a credit on your account, you must
request such credit within seven (7) days after you
experienced the down time. You must request credit by sending
an e-mail message to hostrefunds@techssolutions.com.
For security, the body of this message must contain your
account number, the dates and times of the unavailability of
your website, and such other customer identification requested
by Techs Solutions. Credits will usually be applied within sixty (60)
days of your credit request. Credit to your account shall be
your sole and exclusive remedy in the event of an outage.
(4.) Restrictions
Credits shall not be provided to you in the event that you
have any outage resulting from (a.) scheduled maintenance as
posted from time to time at Techs Solutions, (b.) your behavior or
the performance or failure of your equipment, facilities or
applications, or (c.) circumstances beyond Techs Solutions
reasonable control, including, without limitation, acts of any
governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or
delay in transportation, unavailability of interruption or
delay in telecommunications or third party services, including
DNS propagation, domain name registration / transfer, failure
of third party software or hardware or inability to obtain raw
materials, supplies, or power used in or equipment needed for
provision of your web site, or (d.) a client breaking any item
in Techs Solutions "terms of conditions and Service Level
Agreements" causing a machine to fail as a result.
CGI Scripts
Each Shared web hosting account comes with its own cgi-bin.
You are free to use any CGI scripts you wish, however we
reserve the right to disable any CGI script that effects
normal Shared server operation without prior warning. (this
section does not apply to managed dedicated servers)
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of
e-mail per day from a Shared hosting account. If you do send
more than 2000 pieces of e-mail per day, your account will be
placed on hold for Network Abuse. If you are sending
legitimate e-mails and they total more than 2000 per day your
account will be moved to a special server that is specifically
designed to handle high volumes of e-mail. You will be charged
$25.00/month in addition to your regular hosting charges if
your account is moved to this server. Please contact hostmail@techssolutions.com
to have your domain moved.
Background Running Programs
We may allow programs to run continually in the background.
These are considered on a one-to-one basis and an extra charge
will be incurred based on system resources used and
operational maintenance needed. (this section does not apply
to managed dedicated servers)
IRC
We currently do not allow IRC clients or IRC bots to be
operated on any of our servers. In addition, IRC servers are
not permitted on our network. Anyone found to be in violation
of this policy risks immediate account termination.
Disk Overages
All Techs Solutions accounts come with metered disk space. Should you
use more than your allotted
disk space you will be charged $.30
per megabyte per month.
Payment Policies
All accounts are set up on a pre-pay basis. Setup fees are
charged for all new accounts and major account changes and are
non-refundable. All pricing is guaranteed for the term of
pre-payment. Techs Solutions reserves the right to change prices at
any time, unless other terms have been agreed upon. Any
account not brought current within a week (7 days) of an e-mail
notice or exceeding this time frame in any way is subject to
suspension. The customer is responsible for all money owed on
the account from the time it was established to the time that
the customer notifies Techs Solutions at hostcancel@techssolutions.com to request termination of services. All payment is in U.S. currency.
Techs Solutions will bill each client $50.00 per any methods
of payment that do not go through. All Techs Solutions accounts are setup on anniversary
billing cycles. Your particular billing cycle corresponds to
the contract length that was initially chosen at setup. Your
account will automatically renew at this length. There is no
fee to change to a shorter billing cycle at the end of the
current cycle. However, if you wish to change to a shorter
billing cycle, during a current cycle, there will be a $25.00
fee. Please contact the billing department at hostbilling@techssolutions.com
should you wish to change your anniversary billing cycle. Any
account that is not brought current prior to deactivation will
be charged a $25.00 reactivation fee as well as a $15.00 late
charge, per domain deactivated. In addition, if your credit
card declines for any reason Techs Solutions will charge your account
an additional $2.00 service charge every time your card is
declined.
Cancellation
Techs Solutions reserves the right to cancel service at any time. All
fees pre paid prior to cancellation will be pro-rated and
paid by Techs Solutions if Techs Solutions institutes it's right of
cancellation. Any violation of policies which results in extra
costs will be billed to the customer (i.e. transfer, space
etc.)
No refund is available after the activation day. No
refunds for any reason will be given once
the contract term has begun. This policy does not apply to any
additional services such as overages, real
audio/video, additional disk space, additional pop accounts,
etc.
Intellectual Property Rights
Material accessible to you through Techs Solutions services may be
subject to protection under the United States or other
copyright laws, or laws protecting trademarks, trade secrets
or proprietary information. Except when expressly permitted by
the owner of such rights, you must not use Techs Solutions or its
servers and network in a manner that would infringe, violate,
dilute or misappropriate any such rights, with respect to any
material, which you access or receive through the Techs Solutions
network. If you use a domain name in connection with Techs Solutions
or similar service, you must not use that domain name in
violation of any trademark, service mark, or similar rights of
any third party.
Network Security
Customers may not use Techs Solutions network with an attempt to
circumvent user authentication or security of any host,
network, or account. This includes, but is not limited to,
accessing data not intended for the customer, logging into a
server or account the customer is not expressly authorized to
access, password cracking, probing the security of other
networks in search of weakness, or violation of any other
organization's security policy. Customers may not attempt to
interfere or deny service to any user, host, or network. This
includes, but is not limited to, flooding, mail bombing, or
other deliberate attempts to overload or crash a host or
network. Techs Solutions will cooperate fully with investigations of
violations of systems or network security at other sites,
including cooperating with law enforcement authorities in the
investigation of suspected criminal violations. Users who
violate system or network security may incur criminal or civil
liability.
Electronic Commerce
You will be solely responsible for the development, operation
and maintenance of your online store and products and all
contents and materials appearing online or on your products,
including without limitation (a.) the accuracy and
appropriateness of content and materials appearing within the
store or related to your products, (b.) ensuring that the
content and materials appearing within the store or related to
your products do not violate or infringe upon the rights of
any third party, and (c.) ensuring that the content and
materials appearing within the store or related to your
products are not libelous or otherwise illegal. You will be
solely responsible for the final calculation and application
of shipping and sales tax. You will also be solely responsible
for accepting, processing, and filling any customer orders,
and for handling any customer inquiries or complaints arising.
You are also responsible for the security of any customer
credit card numbers and related customer information you may
access as a result of conducting electronic commerce
transactions through your Web Site. You will keep all such
information confidential and will use the same degree of care
and security as you use with your confidential information.
Static / Dynamic Content
Caching
You expressly grant to Techs Solutions a license to cache the
entirety of your Web Site, including content supplied by third
parties, hosted by Techs Solutions under this Agreement and agree that such caching is not an infringement of any of your
intellectual property rights or any third party's intellectual
property rights.
IP Address Ownership
Techs Solutions shall maintain and control ownership of all IP
numbers and addresses that may be assigned to you by Techs Solutions
and Techs Solutions reserves, in its sole discretion, the right to
change or remove any and all such IP numbers and addresses.
Domain Name Registration
Customers agree to pay Techs Solutions prior to the effectiveness of
the desired domain name registration, the current amounts
set forth in the Techs Solutions price schedule for the initial
registration of the domain name and, should Customer choose to
renew the registration, subsequent renewals of the
registration. All fees are non-refundable, in whole or in
part, even if Customer's domain name registration is
suspended, cancelled or transferred prior to the end of
Customer's current registration term. Techs Solutions reserves
the right to change fees, surcharges, renewal fees or to
institute new fees at any time, for any reason, at its sole
discretion. Customer's who requested domain name(s) will not be
registered unless and until we receive actual payment of the
registration fee, and have confirmed Customer's registration
in an e-mail from Techs Solutions to the e-mail address indicated in
Customer's registration application. In the event of a charge
back by a credit card company (or similar action by
another payment provider allowed by Techs Solutions) in connection
with the payments of the registration fee for Customer's
domain name registration, Customer agrees and acknowledges
that the domain name registration shall be transferred to Techs Solutions
as the paying entity for that registration to the
registry and that we reserve all rights regarding such domain
name including, without limitation, the right to make the
domain name available to other parties for purchase. Techs Solutions
will reinstate Customer's domain name registration solely at Techs Solutions discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current reinstatement
fee.
Lawful Purpose
Techs Solutions reserves the right to refuse service to anyone.
Customers may only use Techs Solutions server for lawful purpose.
Transmission of any material in violation of any Federal,
State or Local regulation is prohibited. This includes, but is
not limited to copyrighted material, material legally judged
to be threatening or obscene, and material protected by trade
secrets. The designation of any materials as such described
above is left entirely to the discretion of Techs Solutions
management. Regardless of the place of signing this agreement,
the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in
Harris County, Texas, and any dispute will be litigated or arbitrated
in Harris County, Texas. Customer further waives all
objections to venue or jurisdiction and acknowledges that
venue and jurisdiction in any such litigation will be held in
Harris County Courts. IN NO EVENT SHALL Techs Solutions MAXIMUM
LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND
HOLD Techs Solutions HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES
ASSERTED AGAINST Techs Solutions, ITS AGENTS, ITS CUSTOMERS, OFFICERS
AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE
PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT
SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER
AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Techs Solutions AGAINST
LIABILITIES ARISING OUT OF; (a.) ANY INJURY TO PERSON OR
PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED
IN CONNECTION WITH Techs Solutions SERVER; (b.) ANY MATERIAL
SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE
PROPRIETARY RIGHTS OF A THIRD PARTY; (c.) COPYRIGHT
INFRINGEMENT AND (d.) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER
FROM Techs Solutions'S SERVER.
Disclaimer
Techs Solutions WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS
MAY SUFFER. Techs Solutions MAKES NO WARRANTIES OF ANY KIND,
EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Techs Solutions
DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM
DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL
SERVICE INTERRUPTIONS CAUSED BY Techs Solutions AND ITS EMPLOYEES.
Techs Solutions RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR
IMMEDIATE ACCOUNT DEACTIVATION.
Privacy Statement
Techs Solutions follows the strict guidelines of our customer privacy
statement. Please make sure you understand this statement
fully. Please click here to
read the privacy policy statement.
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