|Terms for Tsunami-Hosting.com|
TERMS AND CONDITIONS
Terms of Service
Tsunami-Hosting aims to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Tsunami-Hosting customers and us against such problems.
Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Payment is due each (one month, three month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (We do not give partial months refunds). If cancellation is done by Tsunami-Hosting due to restrictions violation, there will be no refund. All monetary transactions are in $US dollars. Additional features can be added at any time. Tsunami-Hosting reserves the right to change prices at any time.
You may cancel at anytime. To cancel your account, please contact Customer Service at support@Tsunami-hosting.com. Notification of cancellation must be received 30 days in advance, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Tsunami-Hosting that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.
You agree to use all Tsunami-Hosting services and facilities at your own risk. Tsunami-Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Tsunami-Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Tsunami-Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Tsunami-Hosting, its agents, its customers, officers and employees, 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 Tsunami-Hosting against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tsunami-Hosting’s server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from Tsunami-Hosting’s servers.
Tsunami- Hosting shall be the sole judge of what violates this Policy.
Tsunami-Hosting reserves the right to monitor any and all communications through or with our facilities. You agree that Tsunami-Hosting is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
Tsunami-Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Tsunami-Hosting network, by customers or any other users of the Tsunami-Hosting network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Tsunami-Hosting server.
We take all violations seriously, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an Tsunami-Hosting email address or web site URL is prohibited. The use of Tsunami-Hosting servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $500.
If you have any complaints or comments regarding Spam on our network, please direct them via email to support@Tsunami-hosting.com.
All services provided by Tsunami-Hosting 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, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Tsunami-Hosting from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all Tsunami-Hosting servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Tsunami-Hosting will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Tsunami-Hosting servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Hacker programs or archives
IRC Eggdrops, Psybnc, or any other IRC bot
Any Soap Mailers
Matt's formmail.pl (version 1.9S and above is ok)
Certain message boards/bloggers are not allowed because they use up too many system resources or have major security risks:
Ultimate Bulletin Board (UBB) - all versions
Ikonboard - all versions
These precautions are in place to provide our customers with the highest uptime possible. Boards we do recommend are XMB, vBulletin, and phpBB.
Tsunami-Hosting does not host sites of its competitors or web pages promoting sites of its competitors.
Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning. No refund, even for pre-paid service, is given in this case.
Tsunami- Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Tsunami-Hosting may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. "Safe-lists" are also strictly forbidden.
CGI Scripts Policy
Each 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 server operation or service to other Tsunami-Hosting customers. You will be notified within 24 hours about offending cgi script.
Tsunami- Hosting allows only those chat rooms that do not run on our servers.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to Tsunami-Hosting or any other Internet servers will result in immediate account deactivation without prior notice.
All account plans come with a predetermined amount of traffic allowance. You can monitor your transfer at anytime in your Control Panel.
Full backups are made weekly, and backups of new/changed data made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content or any other information. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Tsunami-Hosting, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Tsunami-Hosting will attempt to recover the data from the most recent archive for a $40.00 charge.
Tsunami-Hosting reserves the right to amend these Terms and Conditions at any time and without notice.