Terms

 

 

Updated July 2015

TNHost (referred hereinafter as 'TN Host', 'TNHost', 'our', 'we' and 'us') is a web hosting firm. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions described in this document. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to be bound by the terms and conditions below. We reserve the right to change this policy at any time without written or electronic notification.

All hosting accounts will be assessed a $10 late charge for payments received after the due date. Invoices are sent out well in advance to customers for their payments to be sent in a timely manner. If there are special circumstances in which payment can not be made on time, arrangements can be made in advance to avoid late fees. Payments are always billed in advance for services. As always, TN Host strives to be customer oriented and values your business.

Website updates are billed at $35 per hour unless included in hosting package. TNHost must be the designer of a website to be considered for updates. 

In order for TN Host to continue to offer affordable hosting to our customers, the following policy was added in July of 2008.
The grace period to receive payment after the due date is 0  days. For example, if payment is due on January 1, and has not been received by January 1, a late fee of $10 may be added to the account and the web hosting may be suspended; this action is at the discretion of TNHost and will be implemented based on a clients history. Failure to pay the amount due and/or the late fee will result in the account being deleted at 15 days overdue and will require a $200 reactivation fee within 7 days of deletion. Reactivation for accounts that are deleted will only be available for 7 calendar days after they are deleted for the $200 fee. Hosting account backups are the sole responsibility of the client. Accounts that are delinquent or late two (2) times within 365 days on payments may be suspended, terminated or deleted without notice by TN Host without refund or site backup.

Accounts deleted from the TNHost server are the customers responsibility to have backed up. Deleted accounts will not be saved for reactivation. Therefore, all content for the website will be lost, unless the customer has their own backup.

Restoration requests [if available] of deleted accounts over 30 days are subject to a $1500 fee plus an hourly rate of $40 per hour. Restorations are only done by a request in writing, no exceptions. Payment of $1500 must be made in advance to begin any deleted account restoration. Please note that not all accounts can be retrieved after they have been deleted. Please contact TNHost to see if a restoration can be done for your account before sending your written notice and payment. Account backups are the customers responsibility regardless of who created the website or it's contents.
 

User Conduct: Our services may only be used for lawful purposes — any use of these services which violates any laws which may apply to TN Host, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

This means that while using the service, you may not:

  • Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

  • Restrict or inhibit any other user from using and enjoying the Internet.

TN Host reserves to the right to the final decision on what constitutes abuse.

Resource Usage, Adult-Oriented Sites: Users may not initiate the following on our servers:

  • Run any process that requires more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.

  • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

  • Run any software that interfaces with an IRC (Internet Relay Chat) network.

  • Run any site with adult-oriented content, including but not limited to any pornographic material.

  • Run MP3 files in excess of the process limits or that contain adult content. MP3 files must be the property of the website owner. Downloaded MP3's using shareware programs are not allowed for playing or downloading. Proof of ownership must be provided for each MP3 hosted.

  • Run movie files without proof of ownership. Movie files must be the property of the website owner. Movie files may not be streamed or exceed the 5% limits.

Users are also required to abide by the following:

  • Databases are only to be used for TN Host-hosted web sites, and no outside access will be granted.

Spam Policy: TN Host 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 TN Host network, by customers or any other users of the TN Host network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the TN Host server.

We react quickly and seriously to violations, 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 TN Host email address or web site URL is prohibited. The use of TN Host servers as a mail drop for responses to activities described above is also prohibited.

If your main domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.

If one of your customers is involved in spamming, then we will suspend their site and not your main account. If you have any complaints or comments regarding Spam on our network, please direct them via email to the webmaster.

Denial of Service Attack Policy: Any account launching a Denial of Service from our server(s) against any other server will be terminated without prior notice. Additionally, any reseller account owner or dedicated server owner who is in violation of this policy, will be charged a cleanup fee of $1500. This does not apply if any of your client accounts is in violation of this policy.

Server Abuse Policy: If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

No mass email marketing or free email businesses allowed!!

We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt_in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.

Server Exploiting Policy: Any account who is attempting or has attempted to successfully or unsuccessfully exploit any of the server's services, including but not limited to the http server or ssh server, or attempting to gain root access will have their account terminated without notice. Additionally, any reseller account owner who is in violation of this policy, will be charged a cleanup fee of $1500. This does not apply if any of your client accounts is in violation of this policy.

SSH Policy: TN Host enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.

No Free Trial Accounts Allowed: We expressly forbid setting up Free Trial accounts. We also forbid the use of our resources to supply free hosting or free email services. These Free Trials and free accounts [subdomain or otherwise] open up the servers to severe abuse from hackers and spammers. If we find a reseller who is offering Free Trial accounts, or free hosting, we will suspend that account. We take this very seriously and there are no exceptions to this rule.

No Unlimited Disk Space or Unlimited Data Transfer Allowed: TN Host allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. TN Host customers are discouraged from storing any files that cause excessive traffic on TN Host servers. Please contact TN Host Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits. 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 TN Host or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case. .

Abusive Behavior Against Staff: We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any TN Host staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund.

TN Host reserves 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 and without notice. TN Host also reserves the right to make any such modifications in an emergency at our sole discretion.

Refusal or Discontinuation of Service: TN Host reserves the right to refuse or discontinue service to anyone at TN Host' sole discretion. TN Host may deny you access to all or part of the service without notice if you engage in any conduct or activities that TN Host in its sole discretion believes violates any of the terms and conditions in this agreement. TN Host shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that TN Host has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. TN Host reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. TN Host also reserves the right to refuse refunds in cases where TN Host believes abuse has taken place.

No Warranties: TN Host makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by TN Host or its agents or employees shall create a warranty. TN Host provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall TN Host be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with TN Host service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on TN Host' servers that such information becomes available to all Internet users and that TN Host has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of TN Host' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through TN Host or on the Internet generally.

Your use of the service is at your sole risk. TN Host is 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 TN Host servers.

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by TN Host, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future TN Host policy decisions.

TN Host reserves the right to monitor any and all communications through or with our facilities. You agree that TN Host is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

Indemnification: You agree to use all TN Host services and facilities at your own risk. TN Host specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall TN Host 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 TN Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against TN Host, 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 TN Host against liabilities arising out of:
– Any injury to person or property caused by any products sold or otherwise distributed in connection with TN Host’s server;
– Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
– Copyright infringement
– Any defective products sold to customer from TN Host's server.

TN Host shall be the sole judge of what violates this Policy.

Account-Holder Identification Information: You agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply TN Host with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

Sharing of Account Space & Resale Restrictions: You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.

Payment & Other Information: You agree to supply appropriate payment for the services received from TN Host, in advance of the time period during which such services are provided. You agree that until and unless you notify TN Host of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Agreement Acknowledgement: This agreement supersedes any written, electronic, or oral communication you may have had with TN Host or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

By placing and continuing to maintain or place information on TN Host' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.

Money Back Guarantee: Each plan includes a full 30-day money back guarantee.

If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding overages. No refund is available after that period. This policy does not apply to any additional services such as overages, disk space, bandwidth, maintenance fees, etc.

Accounts cancelled/terminated by TN Host for violating our Acceptable Usage Policy do not qualify for the 30-day money back guarantee. 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. This is to protect our refund guarantee from being abused. To receive a full refund, contact our customer service department.

Overages: Overages are billed at the end of each month. All accounts have ten (10) days of the current period to process a hosting account upgrade for the overage of the previous month. You can upgrade hosting accounts to a higher level to avoid overage charges.

Backups:  Full backups are made nightly. 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 and information.

The "Backup Manager" is included in each hosting plan and the client can use this tool to back up their files. If data loss occurs due to negligence of client in securing their account or by an action of the client, TN Host will attempt to recover the data from the most recent archive for a $50.00 fee. This fee does not apply to deleted accounts.

Cancellation Policy: All cancellation requests must be submitted by the person listed as the main account contact. While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you are canceling within our 30-days money guarantee period.

 


 

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