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Revision date: February 3, 2010
Service Agreement Contract
This agreement represents the complete agreement and understanding between Timothy Osterbeck Web Development and the account holder and supersedes any other written or oral agreement. Timothy Osterbeck Web Development reserves the right to modify this agreement at any time, effective upon posting of the modified Policy at http://www.towd.net.
If you do not agree to these terms and conditions, please notify our Support Department so we can initiate a closure of your account. Failure to abide by the following terms and conditions may result in suspension or termination of your account.
Account Activation
By activating your account with Timothy Osterbeck Web Development, you agree to the following policies and disclaimers. Upon requesting activation of an account, 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 with your account information.
Lawful Use of Services
All services provided by Timothy Osterbeck Web Development 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 Timothy Osterbeck Web Development from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Timothy Osterbeck Web Development' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links include, but are not limited to:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, CHILD PORNOGRAPHY, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, Timothy Osterbeck Web Development WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of Timothy Osterbeck Web Development is strictly prohibited. As our customer you are responsible for your account. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and may suspend or terminate any accounts in which the predetermined amount of traffic is exceeded.
Billing - Monthly Plans
By the Account Activation Date of each month, Timothy Osterbeck Web Development shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Timothy Osterbeck Web Development by no later than the specified payment due date. Timothy Osterbeck Web Development shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Billing - Yearly Plans
By the Account Activation Date of each year, Timothy Osterbeck Web Development shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current year. When an invoice is delivered to the client, payment shall be remitted to Timothy Osterbeck Web Development by no later than the specified payment due date. Timothy Osterbeck Web Development shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a yearly basis. All credit cards are billed automatically on a yearly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Money Back Satisfaction Guarantee
We offer a 30 day Money Back Satisfaction Guarantee. If you are not satisfied with our services within the first 30 days after your account is activated, please contact our Support Department for a refund.
Server Uptime Guarantee
Timothy Osterbeck Web Development guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
Refund Policy
If client has retained the services for one year and has pre-paid Timothy Osterbeck Web Development for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining. Refunds will not be issued for the cancellation of a client's monthly plan.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
Timothy Osterbeck Web Development shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Timothy Osterbeck Web Development' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Timothy Osterbeck Web Development 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 Timothy Osterbeck Web Development ' servers. All damages shall be limited to the immediate termination of service.
Disclaimer
Timothy Osterbeck Web Development cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Timothy Osterbeck Web Development are resold. Thus, certain equipment, routing, software and programming used by Timothy Osterbeck Web Development are not directly owned or written by Timothy Osterbeck Web Development. Moreover, Timothy Osterbeck Web Development holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Timothy Osterbeck Web Development sees fit.
Violations
Violations of these Terms of Service should be referred to our Support Department. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
Timothy Osterbeck Web Development reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
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