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1.) Account Setup
We will setup your account after we
have received payment and we and/or our
payment partner(s) have screened the
order(s) incase of fraud. It is your
responsibility to provide us with an email
address which is not @ the domain(s) you
are signing up under.
2.) Content
All services provided by us may only be
used for lawful purposes. This includes,
but not limited to: copyrighted material,
material we judge to be threatening or
obscene, pornography.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against
sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and
"double optin" will be treated as spam.
Any user who sends out spam will have
their account terminated without notice.
We reserve the right to require changes
or disable as necessary any web site,
account, database, or other component that
does not comply with this policy, at its
sole discretion. We also reserves the
right to make any such modifications in an
emergency at our sole discretion.
We reserve the right to charge the
holder of the account used to send any
unsolicited e-mail a clean up fee. This
cost of the clean up fee is left entirely
to the discretion of TQMHost.com. All
rights reserved.
4.) Payment Information
You agree to supply appropriate payment
for the services received from us, in
advance of the time period during which
such services are provided. You agree that
until and unless you notify TQMHost.com
of your desire to cancel any or all
services received, those services will be
billed on a recurring basis.
We reserve the right to change the
monthly payment amount and any other
charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole
risk. We are not responsible for files and
data residing on your account. You agree
to take full responsibility for files and
data transferred and to maintain all
appropriate backup of files and data
stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the
account at any time.
Customers may cancel at any time. We
give you an unconditional 30 day money
back guarantee on managed shared hosting,
and reseller solution's. Refund requests
after 30 days will be refunded on a
prorated basis of any unused time.
Only first-time accounts are eligible
for a refund. For example, if you've had
an account with us before, cancelled and
signed up again, you will not be eligible
for a refund or if you have opened a
second account with us.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources
for longer then 90 seconds. There are
numerous activities that could cause such
problems; these include: CGI scripts, FTP,
PHP, HTTP, etc.
b) Run any type of interactive
real-time chat applications that require
server resources. Remotely-hosted services
are fully allowed.
c) Run stand-alone, unattended
server-side processes at any point in time
on the server. This includes any and all
daemons, such as IRCD.
d) Run any software that interfaces
with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as
counter-strike, half-life,
battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth
allowance. This allowance varies depending
on the hosting package you purchase.
Should your account pass the allocated
amount we reserve the right to suspend the
account until the start of the next
allocation, suspend the account until more
bandwidth is purchased at an additional
fee, suspend the account until you upgrade
to a higher level of package, terminate
the account and/or charge you an
additional fee for the overages. Unused
transfer in one month cannot be carried
over to the next month.
9.) Money back Guarantee
On dedicated servers, and colocation no
full refund will be honored, the 30 day
money back guarantee does not apply. We
reserve the right to refund a prorated
amount or no refund at all.
10.) Price Change
The amount you pay for hosting will
never increase from the date of purchase.
We reserve the right to change prices
listed on our site, and the right to
increase the amount of resources given to
plans at any time.
11.) Indemnification
Customer agrees that it shall defend,
indemnify, save and hold us harmless from
any and all demands, liabilities, losses,
costs and claims, including reasonable
attorney's fees asserted against us, 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, its agents, employees or
assigns. Customer agrees to defend,
indemnify and hold harmless any
liabilities arising out of; (1) any injury
to person or property caused by any
products sold or otherwise distributed in
connection with us; (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 customers from
TQMHost.com's server.
12.) Disclaimer
We will not be responsible for any
damages your business may suffer. We make
no warranties of any kind, expressed or
implied for services we provide. We
disclaims any warranty or merchantability
or fitness for a particular purpose. This
includes loss of data resulting from
delays, no deliveries, wrong delivery, and
any and all service interruptions caused
by us and our employees.
13.) Changes to the TOS
We reserve the right to revise its
policies at any time without notice.
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