Hosting Agreement
Terms and Conditions of Use
1. AGREEMENT.
This agreement ("Terms
and Conditions"), in addition to any other specific agreement between Tracen Technologies,
Inc. ("Tracen") and the customer ("Customer"), represents the complete understanding
and agreement between Tracen and Customer. Except when expressly agreed to the contrary
in writing by Tracen, these Terms and Conditions supersede any other written (including,
without limitation, digitized/computerized) agreement, oral agreement, and/or agreement
by conduct. This agreement establishes your rights and obligations when using any
of our services.
Tracen may change or discontinue any provision of these
Terms and Conditions at any time, including, without limitation, services, pricing,
equipment, and products. Any such change or discontinuance will legally bind Customer
from the time Tracen publishes notice of the change or discontinuance on the Tracen
Web Site. It is Customer’s sole responsibility to ensure that Customer is up to
date on the most current version of the Tracen Terms and Conditions.
If you do not agree to the terms of this agreement, do not
purchase, use or access Tracen’s services.
2. CONTENT.
Tracen services may be
used for lawful purposes only. While using Tracen’s Services, Customer may have
access to services that allow you to send or post materials ("content") and make
that content available to others on the global Internet. Customer may not submit,
publish, or display on the Tracen Network any defamatory, illegal, abusive, obscene,
infringing, or threatening content. In addition, Customer may not submit, publish,
or display any content in violation of any
Tracen is not obligated to monitor the network for the
purpose of examining Customer’s content. Customer hereby acknowledge that if Tracen
is made aware of content that is determined to be, at the sole discretion of Tracen,
unacceptable, undesirable, offensive, indecent, obscene, excessively violent or
otherwise objectionable, Tracen has the right, but not the obligation, to edit,
remove or deny access to such content. Tracen may disclose any content or records
concerning customer’s account as required to satisfy any legal requirement, regulation,
government request or court order.
Pornography and sex-related merchandising are expressly
prohibited on Tracen servers. This includes implying sexual content, display of
nudity, or any link to adult content. This is also true for sites that promote illegal
activity of any type or content that may be damaging to Tracen servers or any other
servers on the Internet. Links to such materials are also prohibited. In addition,
the sale of or promoting bulk email services are not allowed. Non-acceptable content
or links include but are not necessarily limited to:
·
Adult Content Sites - Any pornographic
material, links to adult sites, or advertisements for adult sites.
·
Pirated
Software Sites (Warez) - Any
software that is copyrighted and not freely available for distribution without cost;
i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
·
Copyright Violations - Violation of
copyrights held by individuals and corporations or other entities can result in
civil and criminal liability for the infringer.
·
Hacking/Phreaking - Includes sites with
material, links, or resources for hacking, phreaking, viruses, or any type of site
that promotes or participates in willful harm to Internet sites or providers.
The designation of any materials as described above is left
entirely to the discretion of Tracen.
3. SYSTEM & NETWORK RESOURCES.
Resources are defined
as utilization of bandwidth usage, server processor usage, server memory usage,
and file storage. Tracen offers services in a shared system environment. Individual
websites may not consume excessive resources at any time as this can affect other
users on the shared system. Excessive resource use is defined as, but not limited
to, use of more than 10% of a system resource for longer than 60 seconds. If a customer
account is found to be using excessive resources on a shared system, or causes a
system to operate in a non-optimal manner, the customer will be contacted to resolve
the problem. If Tracen is unable to contact a customer regarding a resources related
issue, we may, at our discretion, suspend or cancel the customer account.
File Storage. Tracen provides a service to host web sites
and web pages. Tracen limits the total number of files contained in any single website
to 100,000 files. All images and files in a website directory must be linked to
from web pages on the customer´s web site. Web space is not to be used as an image,
sound, or file library, repository, or any other backup or storage solution. Images,
sound, and video files may not be linked to from outside sources or websites. Web
space is not to be used for the distribution or download of podcasts.
Bandwidth. Tracen provides a maximum monthly bandwidth
transfer of 7500GB on its Premium Hosting package. In the interest of preventing
system and network resource abuse in a shared environment, Tracen does not allow
any single website to use more than 7500GB of bandwidth in any single calendar month,
or more than 250GB on any single day. A day is defined as a 24 hour calendar day
in the GMT time zone. In addition to these limitations, Tracen does not allow any
single website to average a bandwidth transfer speed of more than 30mbps for a period
longer than 60 minutes.
4. FEES, PAYMENT AND TERM.
As consideration for
the services you have selected, you agree to pay Tracen the applicable service fees
as advertised on the Tracen website. All fees payable hereunder are non-refundable
except those fees covered by Tracen’s "30 day
Money Back Guarantee". As further
consideration for the Services, you agree to: (1) provide certain current, complete
and accurate information about you as required by the registration process and (2)
maintain and update this information as needed to keep it current, complete and
accurate. All such information shall be referred to as account information ("Account
Information"). You hereby grant us the right to disclose to third parties as needed
to maintain your services such Account Information. By submitting to this Agreement,
you represent that the statements you have made in our application are true and
you will not use our Services for any unlawful purpose.
All Bank Disputes and Credit Card Charge Backs result in
the complete cancellation of your account. Credit Card Charge Backs result in the
forfeiture of all Tracen services AND the purchasers Domain Name.
All Tracen hosting services, with the exception of our
Managed Server Services, include a 30 day money back guarantee. If you are dissatisfied
with your service for any reason, you will receive a full refund if you cancel your
account within 30 days of your original signup date. The 30 day money back guarantee
does not apply to Development Services or Domain Name Registration. Domain Name
Registration is NOT refundable. Once you purchase your Domain Name you are the owner
and it can not be "returned" until the duration of the domain term has expired.
5. SYSTEM SECURITY.
Customers may not use
the Tracen Network to attempt in any way to circumvent user authentication or security
of any host, network, or account. This includes, but is not limited to, accessing
any data not intended for the customer, logging into any server or account the customer
is not expressly authorized to access, password cracking, probing the security of
other networks in search of weakness, or violation of any other organization´s security
policy. Customers may not attempt to interfere or deny service to any user, host,
or network. This includes, but is not limited to, flooding, mail bombing, or other
deliberate attempts to overload or crash a host or network. Tracen will cooperate
fully with investigations of violations of systems or network security at other
sites, including cooperating with law enforcement authorities in the investigation
of suspected criminal violations. Users who violate system or network security may
incur criminal or civil liability.
Tracen is not responsible for security vulnerabilities,
weaknesses or flaws within individual customer files, scripts, or databases. Should
Tracen be made aware of unauthorized access to a customer account, it may, at its
sole discretion, cancel the customer account immediately to prevent additional unauthorized
access to the Tracen network.
6. UNSOLICITED EMAIL (SPAM).
Customer may not use any Tracen service, equipment or any
Tracen hosted email address or website in connection with the transmission of spam,
Instant Messages, flames, mail bombs, or substantially similar, unsolicited email
messages. Your domain may not be referenced as originator, intermediary, reply-to
address, or referenced in the body of the message, in any of the above. This shall
include the sending of unsolicited mass mailings from any other service that in
any way implicates the use of the Tracen network. A message is considered to be
unsolicited if it is posted in violation of a newsgroup charter or if it is sent
to a recipient who has not requested or invited the message. Simply making one´s
email address or username accessible to the public will not constitute a request
or invitation to receive messages, for purposes of enforcing this provision.
When any customer is found to have been engaged in spamming
in violation of this agreement, Tracen reserves the right to disable that customer´s
web site without warning. Tracen solely reserves the right to refuse or cancel service
to spammers. Tracen reserves the right to determine what violates this policy. As
such, any violation may result in cancellation of services without refund.
7. VIRTUAL PRIVATE SERVER.
Customer agrees to operate a Virtual Private Server (VPS)
within the Tracen network. All Terms & Conditions as applicable to other Tracen
services will apply to Virtual Private Server accounts. The following Terms &
Conditions shall also apply:
Tracen may not be held liable for data loss on a VPS for any reason. Data backup
is the sole responsibility of the customer.
Do not attempt to install or uninstall any software on your VPS without first making
a backup of your VPS. If software related problems occur on your VPS, it may be
necessary to restore your VPS from backup. If you have not created a backup of your
VPS, it may be necessary to destroy and recreate your VPS. If your VPS is destroyed,
all files and configuration settings on your VPS will be lost.
Resources - VPS servers are provided with certain dedicated and shared system resources.
Disk space is a dedicated resource - Disk space assigned to a VPS is for the exclusive
use that VPS. Memory (RAM) is a dedicated resource - Memory assigned to a VPS is
for the exclusive use of that VPS. Processor (CPU) is a shared resource - The system
processors are shared by all VPS servers on a single physical server. Guaranteed
processor resources are provided to each VPS plan as follows: Dedicated Basic -
1/30 of system processor; Dedicated Advanced - 1/20 of system processor; Dedicated
Premium - 1/10 of system processor. Sustained processor usage over the thresholds
defined below constitutes an abuse of system resources: Dedicated Basic - 10% of
system processor for period longer than 30 minutes; Dedicated Advanced- 20% of system
processor for period longer than 30 minutes; Dedicated Premium - 30% of system processor
for period longer than 30 minutes. Sustained processor utilization for any single
process on a VPS over the thresholds defined below constitutes an abuse of system
resources: Dedicated Basic - 3% of system processor for period longer than 4 hours;
Dedicated Advanced- 6% of system processor for period longer than 4 hours; Dedicated
Premium - 10% of system processor for period longer than 4 hours.
8. CANCELLATION OF SERVICE.
Cancellation of any service must be done via the Tracen
web based administration, or via fax signed by the account holder. Tracen can not
accept cancellation requests in any other way. Transferring your domain to another
provider does not constitute canceling your account with Tracen. You must notify
Tracen as detailed above to formally cancel your account with Tracen to avoid further
charges. Domain Name Registration CAN NOT be cancelled. As the purchaser of the
Domain Name you are the Domain Names owner until the term of the Domain Names registration
has expired. Tracen reserves the right to cancel service for any reason without
prior notice.
9. LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive
remedy, with respect to any Services(s) provided under this Agreement and any breach
of this Agreement is solely limited to the amount you paid for such Service(s).
We and our contractors shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability to use any
of the Services or for the cost of procurement of substitute services. We disclaim
any and all loss or liability resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data mis-delivery; (3) loss or liability resulting from
acts of God; (4) loss or liability resulting from the unauthorized use or misuse
of your Account Identifier or Password; (5) loss or liability resulting from errors,
omissions, or misstatements in any and all information or services(s) provided under
this Agreement; (6) loss or liability resulting from the development or interruption
of your Web site or email service. You agree that we will not be liable for interruption
of business, or any indirect, special, incidental, or consequential damages of any
kind (including lost profits) regardless of the form of action whether in contract,
tort (including negligence), or otherwise, even if we have been advised of the possibility
of such damages. In no event shall our maximum liability exceed one hundred ($100.00)
dollars.
10. INDEMNIFICATION.
Customer agrees that it will protect, indemnify, save and
hold Tracen Technologies, Inc., a Virginia Corporation, harmless from any and all
stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s
fees assessed against Tracen Technologies, Inc., its agents, customers, officers,
employees and administration that may arise or result from any service provided
or performed or agreed to be performed or any product sold by it’s customers, agents,
employees or assigns. Customer agrees to defend, indemnify and hold Tracen Technologies,
Inc. harmless against liabilities arising out of;
1. Any injury to person or property caused by any products
sold or distributed in association with Tracen’s Services;
2. Any material furnished by customer infringing or allegedly
infringing on the proprietary rights of a third party;
3. Copyright violation and any defective products sold to
a customer from Tracen’s Services.
11. DISCLAIMER.
Tracen Technologies,
Inc. will not be responsible for any damages your business may suffer. Tracen Technologies,
Inc. makes no warranties of any kind, expressed or implied for services we provide.
Tracen Technologies, Inc. disclaims any warranty or merchantability or fitness for
a particular purpose. This includes data loss resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions of any kind caused by Tracen
Technologies, Inc. and its employees. Tracen Technologies, Inc. reserves the right
to amend or update these policies without notice. Failure to follow any terms and
conditions may result in account deactivation.
Tracen furthermore expects that its customers who resell
our Internet services to others will fully comply with all applicable laws concerning
the privacy of on-line communications. A customer’s failure to comply with those
laws will violate this policy. Finally, Tracen wishes to emphasize that in accepting
services, customers indemnify Tracen for the violation of any law or Tracen policy
that results in loss to Tracen or the bringing of any claim against Tracen. If Tracen
is sued because of activities of a customer that violate any law, or this policy,
the customer will pay any damages awarded against Tracen, plus costs and reasonable
attorneys´ fees.
All Customers of Tracen must adhere to the above policies.
Failure to follow any term or condition will be grounds for immediate account deactivation.