Terms of Service
TahoeWebHost.com,
("The Company") agrees to furnish
services to the Subscriber, subject to
the following TOS (Terms of Service).
Use of our service constitutes acceptance
and agreement to Our TOS (Terms of Service).
All provisions of this contract are subject
to the TOS (Terms of Service) of TahoeWebHost.com.
The TOS may be changed from time to time
at the discretion of the Company. Subscriber
understands that change to the TOS by
the Company shall not be grounds for early
contract termination or non-payment.
This Agreement shall be construed in
all respects in accordance with the laws
of the state of California, county of
El Dorado, applicable to contracts enforceable
in that state.
Disclosure to
Law Enforcement: The AUP specifically
prohibits the use of our service for illegal
activities. Therefore, Subscriber agrees
that the Company may disclose any and
all subscriber information including assigned
IP numbers, account history, account use,
etc. to any law
enforcement agent who makes a written
request without further consent or notification
to the Subscriber. In addition The Company
shall have the right to terminate all
service set forth in this Agreement.
No adult hosting is allowed, no warez,
and no child pornography will be tolerated!!
Anything that is legal can be hosted.
Payments and
Fees: Service will be interrupted
on accounts that reach 15 days past due.
Service interrupted for nonpayment is
subject to a $20 reconnect charge (individual
hosting accounts). Accounts not paid by
due date are subject to a $15.00 late
fee after 3 days and $5 after each day
after. Accounts that are not collectable
by The Company may be turned over to an
outside collection agency for collection.
If your account is turned over for collection,
you agree to pay the company a
"Processing and Collection"
Fee of not less than $50 nor more than
$150. If you desire to cancel your account,
please follow the proper procedure to
do this as outlined in this TOS.
Failure to Pay:
The Company may temporarily deny service
or terminate this Agreement upon the failure
of Subscriber to pay charges when due.
Such termination or denial will not relieve
Subscriber of responsibility for the payment
of all accrued charges, plus reasonable
interest and any collection fees.
Account Cancellation:
All requests for canceling accounts must
be made in writing with at least 30 days
notice but not more than 60 days prior
written notice and e-mail sent to deanne@tahoewebhost.com.
You must have all account information
to cancel.
Subscriber acknowledges that the service
provided is of such a nature that service
can be interrupted for many reasons other
than the negligence of the company and
that damages resulting from any interruption
of service are difficult to ascertain.
Therefore, subscriber agrees that the
company shall not be liable for any damages
arising from such causes beyond the direct
and exclusive control of the company.
Subscriber further acknowledges that the
company's liability
for its own negligence may not in any
event exceed an amount equivalent to charges
payable by subscriber for services during
the period damages occurred. In no event
shall the company be liable for any special
or consequential damages, loss or injury.
New Domain Accounts:
All new webhosting accounts involving
new domains will be set up and entered
into our DNS servers within 1 business
day. Due to unforeseen complications,
however, this process may sometimes require
up to 3 business days.
Transfer of Domains:
If you select transfer domain it DOES
NOT mean you will switch from your current
registrar to ours. It means you will be
using a domain you have registered elsewhere
and will transfer the hosting services.
You will keep the domain where you registered
it unless you give us permission to move
the domain registration to us. In that
case please send an email to deanne@tahoewebhost.com.
Support Boundaries:
The Company, provides e-mail, online technical
support to our subscribers. We limit our
technical support to our area of expertise.
The following is our guidelines when providing
support: The Company provides support
related to your server or virtual site
physical functioning. The Company does
not offer tech support for application
specific issues such as CGI programming,
html or any other such issue. If you can
e-mail, we encourage you to e-mail deanne@tahoewebhost.com.
If you are able to get online and have
other questions, the answers may be on
our home page at http://www.tahoewebhost.com/faq.html
- we encourage you to check there first.
Lastly, the Help files in the program
you are using may have the answer to your
question so please do investigate these
resources before contacting tech support.
SPAM and Unsolicited
Commercial E-mail (UCE): The Company
takes a zero tolerance approach to the
sending of Unsolicited Commercial E-mail
(UCE) or SPAM over our network. Very simply
this means that customers of The Company
may not use or permit others to use our
network to transact in UCE. Customers
of The Company may not host, or permit
hosting of, sites or information that
is advertised by UCE from other networks.
Violations of this policy carry severe
penalties, including termination of service.
Violation of The Company's SPAM policy
will result in severe penalties. Upon
notification of an alleged violation of
our SPAM policy, The Company will initiate
an immediate investigation (within 48
hours of notification). During the investigation,
The Company may restrict customer access
to the network to prevent further violations.
If a customer is found to be in violation
of our SPAM policy, The Company may, at
its sole discretion, restrict, suspend
or terminate customer's account. Further,
The Company reserves the right to pursue
civil remedies for any costs associated
with the investigation of a substantiated
policy violation. The Company will notify
law enforcement officials if the violation
is believed to be a criminal offense.
First violations of this policy will
result in an "Administrative Fee"
of $50 and your account will be reviewed
for possible immediate termination. A
second violation will result in an "Administrative
Fee" of $100 and immediate termination
of your account. Users who violate this
policy agree that in addition to these
"Administrative" penalties,
they will pay "Research Fees"
not to exceed $75 per hour that The Company's
personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your
account.
Network IP Address
Ownership: If The Company assigns
Customer an Internet Protocol address
for Customer's use, the right to use that
Internet Protocol address shall belong
only to The Company, and Customer shall
have no right to use that Internet Protocol
address except as permitted by The Company
in its sole discretion in connection with
the Services, during the term of this
Agreement. The Company shall maintain
and control ownership of all Internet
Protocol numbers and addresses that may
be assigned to Customer by The Company,
and The Company reserves the right to
change or remove any and all such Internet
Protocol numbers and addresses, in its
sole and absolute discretion. Our allocation
of IP addresses is limited by ARIN's new
policies. These new policies state that
use of IP addresses for IP based virtual
hosts will not be accepted as justification
for new IP addresses. What this means
to you is that you MUST use name-based
hosting where possible. We will periodically
review IP address usage, and if we find
that clients are using IP addresses where
name-based hosting could be used, we will
revoke authorization to use those IP addresses
that could be used with name-based hosting.
Bandwidth and
Disk Usage: Customer agrees that
bandwidth and disk usage shall not exceed
the number of megabytes per month for
the Services ordered by Customer on the
Order Form. The Company will monitor Customer's
bandwidth and disk usage. The Company
shall have the right to take corrective
action if Customer's bandwidth or disk
usage exceeds the Agreed Usage. Such corrective
action may include the assessment of additional
charges, disconnection or discontinuance
of any and all Services, or termination
of this Agreement, which actions may be
taken is in The Company's sole and absolute
discretion. If The Company takes any corrective
action under this section, Customer shall
not be entitled to a refund of any fees
paid in advance prior to such action.
In the event that a customer exceeds the
included allocation, The Company may,
at its sole discretion, collect a deposit,
in an amount determined by The Company,
against customer's credit card on file
with The Company.
System and Network
Security: Users are prohibited
from violating or attempting to violate
the security of the Company's Network.
Violations of system or network security
may result in civil or criminal liability.
The Company will investigate occurrences,
which may involve such violations and
may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are
involved in such violations.
These violations include, without limitation:
Accessing data not intended for such
User or logging into a server or account,
which such User is not authorized to access.
Without limiting the scope of the foregoing,
the Company specifically forbids the storage
of illegal or pirated software, the use
of any type of IRC bot and/or proxy (including
'bnc' and 'eggdrop'), the storage or use
of any type of software intended for hacking
or cracking purposes, the storage or sale
of unsolicited bulk e-mail lists intended
for spamming or resale purposes, and the
forging of any TCP-IP packet header or
any part of the header information in
an email or a newsgroup posting. Attempting
to probe, scan or test the vulnerability
of a system or network or to breach security
or authentication measures without proper
authorization. Attempting to interfere
with service to any user, host or network,
including, without limitation, via means
of overloading, "flooding",
"mail bombing" or "crashing".
Forging any TCP/IP packet header or any
part of the header information in any
e-mail or forum posting. Taking any action
in order to obtain services to which such
User is not entitled. Attempting to couple
many hosting packages together to take
advantage of massive space or bandwidth
allocations. Each hosting package purchased
is unique to a domain name and use - please
do not purchase multiple plans for instance
to get the combined bandwidth & space.
The Company will stop such transactions
and label them as deceptive. We have an
upgrade path for all services and we can
often times work out special deals for
users if they ask us for the assistance.
Suspension of
Service or Cancellation: The Company
reserves the right to suspend network
access to any customer if in the judgment
of the Company's network administrators
the customer's server is the source or
target of the violation of any of the
other terms of the AUP or for any other
reason which The Company chooses. If inappropriate
activity is detected, all accounts of
the Customer in question will be deactivated
until an investigation is complete. Prior
notification to the Customer is not assured.
In extreme cases, law enforcement will
be contacted regarding the activity. The
customer will not be credited for the
time the customer's machines were suspended.
Miscellaneous Provisions: You must provide
us with, and keep current, good contact
information for you. E-mail, fax, and
telephone contacts are used, in that order
of preference.
A waiver by the Company of any breach
of any provision of this Agreement by
Subscriber shall not operate as or be
construed as a continuing or subsequent
waiver thereof or as a waiver of any breach
of any other provision thereof. No chat
rooms are to be used on our servers.
Subscriber shall not transfer or assign
this Agreement without the prior written
consent of the Company. Company may assign
Agreement at anytime without consent from
or notice to Subscriber. Company reserves
right to cancel customers rights under
this contract at anytime without further
obligation.
The Company takes no responsibility for
any material input by others and not posted
to the Company's Network by The Company.
The Company is not responsible for the
content of any other websites linked to
the Company's Network; links are provided
as Internet navigation tools only. The
Company disclaims any responsibility for
any such inappropriate use and any liability
to any person or party for any other person
or party's violation of this policy.
The Company is not responsible for any
damages your business may suffer. The
Company does not make implied or written
warranties for any of our services. The
Company denies any warranty or merchantability
for a specific purpose. This includes
loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service
interruptions caused by The Company.
Responsibility
for Content: You, as The Company's
customer, are solely responsible for the
content stored on and served by in your
hosting account.
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