You will use the Web space allocated to you only
for lawful purposes. You will neither 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.
You shall not post, link to or transmit:
- Any material, which is unlawful, threatening, abusive,
malicious, defamatory, obscene, pornographic, blasphemous, profane
or otherwise objectionable in any way.
- Any material containing a virus or other hostile computer
program.
- Any material which constitutes, or encourages the commission
of, a criminal offence 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.
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.
You shall observe the procedures, which we may
from time to time prescribe
You shall make no use of the Server in a manner
detrimental to our other customers including the usage of excessive
resources or CPU usage.
Mails sent by you are in accordance with
applicable legislation, including data protection legislation and
any international legislations.
All services provided by Tommy House Web Design (www.tommyhouse.com) may
be used for lawful purposes only. Transmission, storage, or
presentation of any information, data or material in violation of
any United States Federal, State or City law is prohibited. This
includes, but is not limited to: copyrighted material, material we
judge to be threatening or obscene, or material protected by trade
secret and other statute. The subscriber agrees to indemnify and
hold harmless Tommy House Web Design and its employees from any
claims resulting from the use of the service which damages the
subscriber or any other party.
Material:
User agrees not to post any type of nudity,
pornographic material, hacking/wares material, or violence/hate
pages on the websites hosted on our servers.
Legality:
All information posted on websites must be of
legal nature. We will not tolerate any type of fraud, violation of
copyright laws, hacks/warez, or anything of harmful nature.
Use of Resources:
Offering free hosting in attempts to quickly
strain system resources is prohibited and any type of
application/script that creates excessive memory use or causes
apache to fail will not be tolerated. Tommy House Web Design will
decide what is "excessive" and may remove any content deemed to be
misusing resources. Large files/scripts, chat (IRC), and illegal mp3
files are not allowed. Users must seek permission when uploading
such files or files that may seem suspicious. We reserve the right
to determine if an application is misusing resources and may request
removal of application or suspend accounts if necessary.
Cancellation:
Tommy House Web Design reserves the right to
discontinue service to any user it feels violates any of these rules
or for any reason that it finds to be valid for discontinue of
service. Websites that are found to be violating the Terms of
Service may be blocked/removed without notice.
Refunds:
Refunds may not be given to sites that get
blocked for violation of Terms of Service. We strive to provide
high-quality service but all customers must accept that our service
is "AS IS" with no guarantees of uptime, quality, functionality,
etc. The customer may not use our advertisements as a basis for
asking a refund or taking any legal action. Tommy House Web Design
will solely decide when issuing a refund is appropriate or not
appropriate.
Also prohibited are sites that promote any illegal activity or
present content that may be damaging to Tommy House Web Design
servers or any other server on the internet. Links to such materials
are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
Tommy House Web Design will be the sole arbiter
as to what constitutes a violation of this provision.
Payment:
All payments must be in US Dollars. If your
check is returned by the bank as unpaid for any reason, you will be
liable for a "returned check" charge of USD $30.00.
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.
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.
Your Billing is based on the date that you joined us. If you have a
YEARLY plan with us you will be charged same price every year on the
anniversary of you enrollment until you decide to cancel the
account.
E-mail:
Spamming, or the sending of unsolicited e-mail including, without
limitation, commercial advertising and informational announcements,
from a Tommy House Web Design server or using an e-mail address or
domain that is maintained on a Tommy House Web Design machine as
reference is strictly prohibited. Tommy House Web Design will be the
sole arbiter as to what constitutes a violation of this provision. A
user shall not use another site's mail server to relay mail without
the express permission of the site. Tommy House Web Design will be
the sole arbiter as to what constitutes a violation of these
provisions.
Resellers:
If you are or become a reseller of our Services you will continue to
be bound by these terms and conditions, you will be responsible for
ensuring that your customers are bound by terms and conditions that
adequately reflect and give effect to these.
You shall not incur or purport to incur on our
behalf any liability nor in any way pledge or purport to pledge our
credit or to make any contract binding on us.
No default by your customers shall in any way
affect, modify or limit your obligations under this Agreement.
System And Network
Security:
Any attempt to undermine or cause harm to a server, or customer, of
Tommy House Web Design is strictly prohibited. We reserve the right to refuse, cancel, or
suspend service at our sole discretion.
Limitation Of
Liability:
Tommy House Web Design shall not be responsible for any claimed
damages, including incidental and consequential damages, which may
arise from Tommy House Web Design servers going off-line or being
unavailable for any reason whatsoever. Furthermore, Tommy House Web
Design shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of Tommy House Web Design
servers. All damages shall be limited to the immediate termination
of service.
Violations of these Acceptable Users Policies
should be referred to
service@tommyhouse.com
All complaints will be investigated promptly.
Failure to follow any term or condition may be grounds for immediate
account deactivation.
Disclaimer:
Tommy House Web Design cannot be held liable for system downtime,
crashes, or data loss. We cannot be held liable for any predicted
estimate of profits in which a client would have gained if their
site was functioning. Certain services provided by Tommy House Web
Design are resold. Thus, certain equipment, routing, software, and
programming used by Tommy House Web Design are not directly owned or
written by Tommy House Web Design. Tommy House Web Design holds no
responsibility for the use of our clients accounts. If any terms or
conditions are failed to be followed, the account in question will
be automatically deactivated. We reserve the right to remove any
account without advanced notice for any reason without restitution
as Tommy House Web Design sees fit.
Account Activation:
By activating your account with Tommy House Web Design, you agree to
the above policies and disclaimer. Upon requesting an account
activation, you are required to accept these policies, guidelines,
and disclaimer and a copy of your acceptance is forwarded along with
your activation request to be maintained within your account
information.
If you sign up for an account and do not follow
our terms, no refunds will be given.
Tommy House Web Design retains the right to
change any or all of the above Policies, Guidelines, and Disclaimer
without notification.
You agree to the following terms of agreement:
Acceptable Use:
Tommy House Web Design's services may only be
used for lawful purposes. Transmission of any material in violation
of International, Federal or State regulation is prohibited. This
includes but is not limited to: material legally judged to be
threatening or obscene, or material protected by trade secret laws.
Any use of vulgar or obscene language while contacting Tommy House
Web Design will be grounds for immediate cancellation of hosting.
If you are found in violation of the Tommy House
Web Design's Terms of Use. Your account will be terminated without
notice and you will forfeit all of the moneys that have been paid to
Tommy House Web Design.
Examples of content that is not acceptable on
Tommy House Web Design vendor Servers: "Pirated software" or "Warez",
"Hacker programs and/or archives", "IRC Bots", "Casino and Gambling
Related", "Copyrighted Mp3's", "CGI boards" "Forums that use
excessive resources".
Warez - Includes pirated software, ROMS,
emulators, phreaking, hacking, password cracking. IP spoofing, etc.,
and encrypting of any of the above. Also includes any sites which
provide "links to" or "how to" information about such material.
Offering Free Hosting - Offers of free hosting of
our services in any form is not allowed.
Adult Sites - WE DO NOT HOST ADULT SITES.
Adult Content or links to Adult Content are also not permitted on
the Servers.
Spam - Spam in any shape or form is NOT permitted
and is grounds for immediate account termination.
IRC and Chat Rooms:
Internet Relay Chat (IRC) traffic is not
permitted on our servers in any of its many forms including, but not
limited to: bots and IRC servers. Chat rooms may be allowed on per
use basis, so please ask one of our support staff before setting one
up. (Some cgi/perl based chat rooms over utilize the server
processor.)
Security:
Attempts to manipulate servers or client websites
are prohibited. This includes, but is not limited to, attempting to
gain unauthorized access to Tommy House Web Design Networks servers,
mail bombing, or other means of deliberately overloading systems.
Network/System Abuse:
This includes, but is not limited to, excessive
use of CPU resources, disk space or network bandwidth, installing
IRC bots, CGI scripts sharing with domains outside of Tommy House
Web Design, mass emails, using disproportionate amounts of system
resources for CGI Scripts or any manner of monopolization of network
resources. Tommy House Web Design or the vendors will determine what
constitutes network/system abuse.
Software/Multimedia Distribution:
Accounts cannot be used to distribute copyrighted
software, "cracked" versions of copyrighted software (a.k.a. warez),
serial numbers for copyrighted software or copyrighted multimedia
files. Sites that contain links to pirated software or illegal
contraband are also prohibited.
Website Content Management:
Tommy House Web Design is not responsible for
website management or files lost or damaged by users. Website
construction and management is the responsibility of the client.
Client-maintained backup of all site files is recommended and should
be maintained. System backups are intended to be used in the event
of system failures and are not intended to be accessed to restore
files to individual sites.
Log Files:
Log files may be deleted on a periodic basis.
Users are responsible for downloading their log files. It is
recommended that clients who wish to maintain a history of their log
files download them monthly.
You specifically agree to indemnify and hold
Tommy House Web Design harmless from any claims resulting from a
breach of these terms, and/or use of the service, which damages
another.
Web Site Hosting And Email:
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.
You shall effect and maintain adequate insurance
coverage in respect of any loss or damage to data stored on the
Server.
Any access to other networks connected to Tommy
House Web Design must comply with the rules appropriate for those
other networks.
While we will use every reasonable endeavor 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.
Intellectual Property Rights:
You shall obtain any and all necessary consents
and clearances to enable you lawfully to make use of all and any
intellectual property rights through the Services, including without
limitation, clearance and/or consents in respect of your proposed
domain name.
Service Availability:
We shall use our reasonable endeavors to make
available to you at all times the Server and the Services but we
shall not, in any event, be liable for interruptions of Service or
down-time of the Server.
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 30 days you will
be notified of the reason.
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 login 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 login sessions. If your account is
found to have been transferred to another party, or shows other
activity in breach of this sub clause, we shall have the right to
cancel the account and terminate the Services and/or this Agreement
immediately.
Termination:
Without in any way limiting our (Tommy House Web
Design) rights:
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.
If you break any of these terms and conditions,
we may terminate this Agreement.
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 terminate this Agreement
forthwith without notice to you.
On termination of this Agreement or suspension of
the Services we will be entitled immediately to block your Web Site
and to remove all data located on it. We will be entitled to delete
all such data but we may, at our discretion, hold such data for such
period as we may decide to allow you to collect it at your expense,
subject to payment in full of any amounts withstanding and payable
to us. We shall further be entitled to post such notice in respect
of the non-availability of your Web Site as we think fit.
We reserve the rights to terminate or refuse
service to anyone.
Indemnification:
A user's failure to comply with those laws will
violate Tommy House Web Design terms of agreement. By using our
services, you indemnify Tommy House Web Design for any violation
committed by you of the service agreement, law, or other Tommy House
Web Design policy, that results in loss to Tommy House Web Design or
the bringing of any claim against Tommy House Web Design by any
third-party. This means that if Tommy House Web Design is sued
because of a user's or customer of a user's activity, the user will
pay any damages awarded against Tommy House Web Design , plus costs
and reasonable attorneys' fees.
Limitation Of Liability:
All conditions, terms, representations and
warranties relating to the Services supplied under this Agreement,
whether imposed by statute or operation of law or otherwise, that
are not expressly stated in these terms and conditions including,
without limitation, the implied warranty of satisfactory quality and
fitness for a particular purpose are hereby excluded, .
Nothing in these terms and conditions shall
exclude our liability death or personal injury resulting from our
negligence.
Our total aggregate liability to you for any
claim in contract, tort, negligence or otherwise arising out of or
in connection with the provision of the Services shall be limited to
the charges paid by you in respect of the Services, which are the
subject of any such claim.
In any event no claim shall be brought unless you
have notified us of the claim within one year of it arising.
In no event shall we be liable to you for any
loss of business, contracts, profits or anticipated savings or for
any other indirect or consequential or economic loss whatsoever.
Notices:
Any notice to be given by either party to the
other may be sent by either email, fax or recorded delivery to the
address of the other party as appearing in the ancillary digital
application forms or such other address as such party may from time
to time have communicated to the other in writing, and if sent by
email shall unless the contrary is proved be deemed to be received
on the day it was sent or if sent by fax shall be deemed to be
served on receipt of an error free transmission report, or if sent
by recorded delivery shall be deemed to be served two days following
the date of posting.
Telephone support is provided which is sent to
the support team's voicemail that is played on their computers for
faster service. Live phone service may be provided in the future.
However, Support ticket help is provided round the clock. We do not
guarantee any time frame as far responding to support tickets,
however we will make every reasonable effort to respond in a timely
manner.
Headings:
Headings are included in this Agreement for
convenience only and shall not affect the construction or
interpretation of this Agreement.
Entire Agreement:
These terms together with any documents expressly
referred to in them, contain the entire Agreement between us
relating to the subject matter covered and supersede any previous
Agreements, arrangements, undertakings or proposals, written or
oral: between us in relation to such matters. No oral explanation or
oral information given by any party shall alter the interpretation
of these terms and conditions. In agreeing to these terms and
conditions, you have not relied on any representation other than
those expressly stated in these terms and conditions and you agree
that you shall have no remedy in respect of any misrepresentation,
which has not been made expressly in this Agreement.
Billing:
Tommy House Web Design uses merchant processing
companies. Your credit card statement can and normally will reflect
the company that we use. Monthly Fees are billed every 30 days and
yearly billing is done every year.
Other services:
Tommy House Web Design can provide other services
such as web development, scripting help, web design, programming
help separate from web hosting. These services will be billed
separately and are NOT included in the web hosting fee. Such services
may be provided by an affiliate individual or company.
If we were in need of resources we are allowed to put you on other
providers!
Special Offers do not receive any types of
refunds!
Price Guarantee:
You are guaranteed the price you purchased at as
specified on our site or your winning bid price at auctions for the
next renewal period; as long as you remain a client or a Reseller
with good standing AND maintain an established subscription for
recurring payment whether monthly or yearly. In the event that, your
payment can not be processed due to lack of funds or due to your
cancellation of subscription, or for any other reason; we're unable
to guarantee you the same price in the next renewal period.
eBay auction winners:
Please note: You are not allowed to resell unless
the auction specifically states that you can resell. If you're found
in violation of this, your account will be deleted without notice.
Also, you must make payment within 7 days of end of auction,
otherwise we'll leave negative feedback. Also, if you will be a
Reseller, please see the Reseller section below.
ALL CLIENTS, RESELLERS, USERS AND OR OTHER
MEMBERS MUST AGREE TO ABOVE TERMS BEFORE PURCHASING ANY OF THE
PACKAGES OFFERED BY OUR COMPANY.
WE HAVE THE RIGHT TO REVISE ANY OF THE ABOVE TERMS AT ANY TIME.
Before purchasing any packages make sure you
fully understand the above terms. If you have any questions, please
contact us.
