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Ordering: Please read the following
Terms Of Service agreement before proceeding, then continue
ordering. These policies to are designed to protect the best interests of our
customers as a whole. Trouble-Free's policy is to act as a neutral
provider of access to the global Internet. We reserve the right to suspend
or cancel a customer's access to any or all services provided by us
if it is decided that the account has been inappropriately used.
All shared hosting services
services are intended for the end user only and may not be subleased, sold or given to
third parties.
Trouble-Free is a web presence provider allowing a
client's web site to be accessed via the client's domain name (i.e
theirname.com) by anyone with access to a web browser connected to
the Internet. Trouble-Free provides the disk space in which the files
composing Client's web site reside and a connection capable of
transmitting said files to End User. Said services are often
referred to as "Web Hosting."
Trouble-Free only handles
the registration process for Client's domain name if specifically requested by the client.
Trouble-Free in no way holds any responsibility for payment of fees
required by ICANN for Client's domain name, expect per section 14 of these policies. Client agrees to pay
all charges requested by ICANN accedited registrars who will bill client separately
without any contact with Trouble-Free.
Any products and services to be provided to Client will be at a professional level of quality conforming
to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as
otherwise expressly provided in this agreement, Trouble-Free does not make, and hereby disclaims any and all other warranties, expressed
or implied including any and all warranties of merchantability or fitness for a particular purpose.
2. Authorization of Charges
Client authorizes Trouble-Free to charge credit card supplied by Client
per month. If Client requests additional storage space Client
authorizes Trouble-Free to charge an additional price listed by
Trouble-Free. If verification of Client's
supplied credit card information fails requested charge by Trouble-
Free for initial annual fees or for any of the annual fees thereafter
Trouble-Free reserves the right to refuse, suspend, or cancel
service pending Trouble-Free's receipt of valid credit card
information from Client. Client agrees to notify Trouble-Free of any
changes to Client's credit card information.
3. Content Restrictions All services provided by
Trouble-Free 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 local law is
strictly prohibited. This includes but is not limited to
copyrighted or trademarked material and material protected by trade
secret.
Warez Policy: Actual files, including but not limited to pirated software, hacker programs, cracks,
and MP3 files, are strictly prohibited from being stored on any
Trouble-Free servers. Examples of unacceptable
content include, but are not limited to the following: Pirated software,
Hacker programs or archives, illegal MP3 files or archives.
IRC servers are strictly prohibited.
Trouble-Free reserves the right to remove any material from Client's web
space that is deemed unacceptable by us.
Trouble-Free reserves the right to terminate Client's account without refund at
our discretion if said material is discovered. Trouble-Free is the sole
arbiter as to what constitutes a violation of the above provisions.
3.b
3.b is only applicable to virtual hosting and reseller accounts. No site may use more
than 15% of the total server output at any given time.
Adult Sites (pornographic) are prohibited on shared/virtual hosting and shared/reseller accounts.
Mailing Lists with over 2,000 members are prohibited on shared/virtual hosting and shared/reseller accounts.
Web Based forums with over 2,000 members are prohibited on shared/virtual hosting and shared/reseller accounts.
Trouble-Free reserves the right to suspend any client which violates section 3 of our Terms Of Service.
4. CGI/PHP Application Restrictions
Section 4 is only applicable to virtual hosting and reseller accounts.
The Client is allowed to freely install CGI/PHP applications; however, Trouble-
Free reserves the right to disable any application that
unreasonably effects or interferes with normal server operations.
Said situation is highly unlikely.
5. Spam Policy
Trouble-Free servers may not be the source, intermediary, or destination
address involved in the transmission of Spam, Spamware and other Spam Software, flames, or mail
bombs. Client's domain or IP may not be referenced as originator,
intermediary, or reply-to address in any of the above.
Trouble-Free considers Spam to be any mass unsolicited message in the
mediums of newsgroups and e-mail. The
actions stated above will not be tolerated. Violation will result in the
immediate deactivation of services without refund of any kind.
Furthermore, a fine of one-hundred (100) US dollars will be imposed
for each spam policy violation. Trouble-Free is the sole arbiter as
to what constitutes a violation of the above provisions.
6. Server Abuse Any attempt to undermine or
cause harm to a Trouble-Free server or another Trouble-Free Client
is strictly prohibited. Any attempt to undermine
any Trouble-Free web site or a web site of another Trouble-Free
Client is strictly prohibited and may result in immediate termination of
services rendered by Trouble-Free without refund. Trouble-Free is
the sole arbiter as to what constitutes a violation of the above
provisions. A fine of two-hundred (200) USD may be implimented for
intentional server abuse. 7.
Indemnification Client agrees that it will
defend, indemnify, and hold harmless Trouble-Free from any and all
demands, fines, liabilities, losses, costs, claims, and expenses,
including attorney's fees, asserted against Trouble-Free, its
employees, officers, agents, and directors that may arise or result
from any service provided or performed, or agreed to be performed, or
any product sold by Client, its employees, officers, agents, and
directors. The Client agrees that it will defend,
indemnify, and hold harmless Trouble-Free against any liabilities,
including but not limited to, those arising out of (1) any injury to
person or property caused by any product sold or service rendered or
otherwise distributed in connection with Trouble-Free's servers;
(2) any material supplied by the Client infringing upon or
allegedly infringing upon the proprietary rights of a third party; (3)
copyright infringement; and (4) any defective products sold to the
Client's customer from Trouble-Free's servers.
Trouble-Free assumes no liability of the Client for failure to follow this
Agreement and any results caused by the acts, omissions or
negligence of the Client, sub-contractor or an agent of Client or
an employee of any one to them, including, but not limited to,
claims of third parties arising out of or resulting from or in connection
with the Client's products, messages, programs, caller contracts,
promotions, advertising, infringement or any claim for libel or
slander or for violation of copyright, trademark or other
intellectual property rights. 8.
Disclaimer Trouble-Free wll not be held
responsible for any damages you or your business may suffer.
Trouble-Free makes no warranties of any kind, expressed or implied, for
services rendered. Trouble-Free disclaims any warranty or
merchantability or fitness for a particular purpose. Trouble-Free
assumes no liability for disruptions or improper operation of its
equipment or software for any reason, including, but not limited
to, vandalism, theft, phone service outages, Internet disruptions,
human error, extreme or severe weather conditions or any other
causes in the nature of "Acts of God" or force majeure. Trouble-Free will
not be responsible for consequential damages or punitive or exemplary
damages under any circumstances. In no case will Client be entitled
to recover damages from Trouble-Free. 9.
Term The term of this Agreement will continue
until a notice of cancellation by Trouble-Free or Client is given,
or until terminated under other provisions of this Agreement. Trouble-Free
reserves the right to terminate this Agreement with cause upon
notification to the Client. Trouble-Free may further terminate this
Agreement immediately without notice at any time the Client
breaches any part of this Agreement, or if any program or facility used by
Trouble-Free to implement this Agreement is disrupted or terminated for
any reason.
9.b
9.b is only applicable to Virtual Hosting Accounts.
CLIENT may request Trouble-Free refunds money within 30 days after sign up
has taken place. CLIENT will be refunded the full amount they have paid.
If 30 days have past CLIENT may cancel contract, however, CLIENT forfiets
monies paid to Trouble-Free. CLIENT may cancel account with Trouble-Free
and be removed from billing, therebye stopping all future charges. CLIENT agrees
that by entering coupon ireadthetos on a new order for a shared hosting plan, which
includes special 1, ultra mini, mini, and mega, that
they are entitled to 15 percent off the cost of the plan as long as they remain
active clients. CLIENT also agrees if coupon is not entered upon ordering that the
discount is not valid.
9.c
These policies can be modified or changed by Trouble-Free. In most cases Trouble Free will inform
client of any major policy changes. Please check from time to time for policy changes.
10. Presumption of Agreement
By signing up with Trouble Free, be it using Trouble Free's online sign up
form or contacting in any way an employee, officer, agent, and
director with request for Trouble Free to provide Client services,
Client (1) authorizes Trouble Free to take the actions necessary in
order to setup Client's account, including charging credit card
supplied by Client at time of sign up; and (2) agrees to each and every
provision set forth in this Agreement and shall hold to said
Agreement in the court of law. 11.
Default In the event Client defaults in any
provision or fails to perform pursuant to this Agreement, Trouble
Free will be entitled to damages, costs, and attorney's fees from the
Client. 12. Invalid or Non-enforceable
Provisions The invalidity or non-enforceability
of any provision of this Agreement, as so determined by a court of
competent jurisdiction, will not affect the other provisions hereof, and
in any such occasion this Agreement will be construed in all
respects as if such invalid or non-enforceable provision were
omitted. This agreement constitutes the entire agreement between the
parties hereto. 13. Choice of Law /
Venue This Agreement will be construed and
enforced in accordance with the laws of the State of NJ and the venue for
any action, dispute or proceeding with respect to this Agreement will be
NJ. Captions The captions in this
Agreement are for convenience only and will not be used in
interpreting, construing, performing or enforcing this Agreement.
Amendments and Modifications Trouble Free may make
amendments or modifications to this Agreement at any time. Whenever
practical, Trouble Free will notify Client of changes to this
Agreement. Clients are responsible for frequently
backing up their files on our system. Trouble Free cannot be held
responsible for the deletion of users' files, whether intentional or
unintentional.
14. Domain Agreement
Trouble Free may provide new top level domain name for new clients as
requested by them, on packages with specifically state this. These domain names carry no charge for renewals thereafter to the client
while client remains hosted at Trouble Free. The client is responsible for renewing domain name by contacting the sales department.
Should client decide to switch hosting providers, client agrees to pay yearly fee listed on the Trouble
Free website for domain name registrations.
15. Email/Mailing List Policy
1) Mailing lists must be double opt in lists.
2) Messages must have clear removal instructions and valid headers.
3) Removal requests must be completed with in 24 hours.
4) Messages must include details on how the user subscribed. These details must be provided to Trouble Free on our request.
5) Excessive complaints may result in account termination.
6) Trouble Free reserves the right to charge $100 fee for IPs which are blacklisted due to failing to adhere to Trouble Free policies.
16. Abuse Complaints
All abuse complaints must be responded to no later than 72 hours after the complaint is made. Failure to reply may result in account termination. Trouble Free reserves the right to remove files which do not adhere to our terms of service, local, state, or federal laws.
Last Modified: Wed Mar 8 04:50:29 EST 2006
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