Terms and Conditions, Acceptable Use Policy and Customer/User Agreement
TCS-Hosting.com (“TCS Hosting”, "Titan Computer Service" or “Our”) is a web hosting and other I.T. services provider providing the account holder (“Customer” or “You”) a virtual private server environment on an Internet server. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below.
This agreement represents the complete agreement and understanding between TCS Hosting and the Customer and supersedes any other written or oral agreement. Upon notice published on its web site, TCS Hosting may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change any of the services offered.
Under the terms of this agreement, your placement of information on TCS Hosting servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on any of TCS Hosting servers.
1. USER CONDUCT
Any misuse of Our services which violates any local, state, federal, or international laws which may apply to TCS Hosting, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. While using Our services, you may not:
(a) Restrict or inhibit any other user from using the Internet, such as Denial of Service (D.o.S.) attacking any computer(s) and/or network(s);
(b) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including but without limitation to any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
(c) Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component; Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material). TCS Hosting reserves the right to remove any and all materials which infringe on any copyright or trademark work. Such materials will be removed immediately upon receiving a complaint and/or notice of the infringement by Customer.
(d) We do not allow IRC or IRC bots to be operated on our servers. Any account found to be in violation of this provision will be immediately suspended and/or deactivated and no refund will be issued.
(e) Examples of non-acceptable content or links:
- Pirated software
- Bulk Email related products
- Hacking/cracking related websites
- Warez and/or copyrighted MP3s
- Proxy Sites
- Illegal material or material that is against public policy
- Sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare. (Such as, but not limited to: Anarchists Cookbook, bomb making, weapon information, or anything else that may be considered detrimental or illegal.)
- Holy Quran (audio) cannot be hosted on our servers.
Adult Content
Adult Content is OKAY as long as you specify to us that you wish to have adult content on your web space. We put these types of sites on special servers at our data center.
You must follow all US laws, including the 2257 law. In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons who appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained on your site were over the age of eighteen years at the time of the creation of such depictions. You also are required to keep records to be maintained pursuant to Title 18, Section 2257 and kept by the custodian of records at a designated address clearly accessible on your website. We will check these records accordingly to cover ourselves from having illegal content on our servers.
You cannot have any copyrighted material on your web space that you don’t have the rights to resell or distribute in any manner. This includes videos from other adult sites (such as pay sites like bangbros) unless you have written permission to do so. We reserve the right to request such written permission at any time. This also goes for any copyrighted or trademarked material anywhere on your website that you don’t have permission to use, and if we deem necessary, we will ask for proof.
Keep this in mind that IF you have chosen a shared hosting account on a SHARED SERVER: Adult sites tend to produce a lot of traffic. Although we allow adult material websites, they cannot get so much traffic that it degrades the performance of other customers on the server. Getting hundreds of thousands of hits or using tons of bandwidth constantly will not be allowed and as per our Acceptable Use Policy. We reserve the right to evict you as a customer from a shared account and ask you to upgrade to a dedicated server at another provider or risk account suspension.
TCS Hosting will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate and remove any site at any time for any reason without refund!
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TCS Hosting from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of Our service which damages either You, TCS Hosting, or any other person(s) or property(s) without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection, web site content and shell account usage.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
TCS Hosting reserves the right to refuse or discontinue service to Customer or anyone whatsoever at Our sole discretion. TCS Hosting may deny you access to all or part of the service or network without any notice whatsoever if you engage in any conduct or activities that EliteHost in its sole discretion believes violates any of the terms and conditions in this agreement. TCS Hosting 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 TCS Hosting has the right to monitor the service electronically from time to time and disclose any information as necessary to satisfy the law, or to protect itself or its other customers. TCS Hosting reserves the right to refuse to post or remove any information or materials, in whole or part, that, in its sole discretion, are unacceptable, undesirable or in violation of this agreement.
4. NO WARRANTIES
TCS Hosting makes no warranties or representations of any kind for the services being offered to Customer. 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, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by TCS Hosting or its agents or employees shall create a warranty. TCS Hosting 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 TCS Hosting 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 the service being provided by EliteHost or any of its terms, conditions, rules, policies, guidelines, or practices, you’re sole and exclusive remedy is to You may cancel or discontinue using the service. You understand that by uploading information on TCS Hosting servers, such information becomes available to all Internet users and that TCS Hosting 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 TCS Hosting 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 TCS Hosting or on the Internet generally.
6. IDENTIFICATION INFORMATION
You agree that You are the person legally responsible for use of Your account and are at least eighteen (18) years of age. You agree to supply TCS Hosting with a current and truthful name, postal address, telephone number(s) and email address(s) 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 for billing and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the TCS Hosting servers, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. 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 follow the Acceptable Use Policy of any network or service you connect to. You agree to adhere to system policies as published online by TCS Hosting, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of services provided by TCS Hosting. You agree to abide by any and all future TCS Hosting policy decisions.
Unlimited plans: If TCS Hosting's system administration team determines that a shared hosting account is utilizing an unacceptable amount of system resources, TCS Hosting may temporarily deactivate the account in question. If TCS Hosting's staff deems necessary, an eviction notice may be sent to the customer of an offending account providing them with ten (10) days in which to either upgrade to a (semi)dedicated server or locate a new provider. This only occurs in extreme cases.
TCS Hosting will be the sole arbiter as to what constitutes a violation of this provision. Because of the nature of this provision, each account will be considered and analyzed individually.
Also, Keep in mind that we are a web hosting company, not a remote backup service. Therefore, anyone found to be using our WEB servers for remote backup storage will be warned and the files will be deleted, so please don't expect to dump gigabytes and gigabytes of garbage from your personal computer onto our servers for backup purposes.
8. SECURITY
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify TCS Hosting immediately in writing by registered mail, with return receipt, to TCS, USA. You shall be held fully responsible for any misuse or compromise of your account for which TCS Hosting is not properly notified. You agree not to provide or share access to your account to any third party, and that You are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g., additional FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, TCS Hosting has the right to suspend access to the account pending an investigation and resolution. You also agree that THB has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk. TCS Hosting 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 TCS Hosting servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of TCS Hosting or any other service with reference to services obtained through TCS Hosting, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to You, TCS Hosting, or any other party or parties resulting from any such conduct.
SPAMing, or the sending of unsolicited email, from an TCS Hosting server or using a return email address that is maintained on a TCS Hosting server is STRICTLY prohibited. Using SPAM to advertise a site hosted on TCS Hosting's network also constitutes as a violation of this provision. TCS Hosting will be the sole arbiter as to what constitutes a violation of this provision. Sites found to be in violation of our SPAM policies will be immediately suspended. If on a reseller plan, TCS Hosting reserves the right to require a reseller to discontinue hosting any account that we feel is problematic.
11. PAYMENT
You agree to supply appropriate payment for the services received from TCS Hosting, in advance of the time period during which such services are provided. You agree that all setup fees, if any, are non-refundable once setup is completed. You agree that until and unless you notify TCS Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that THB may apply the amount due to the provided credit card at any time.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with EliteHost or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
13. SEVERABILITY
If 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.
14. GOVERNING LAW AND CONSENT TO JURISDICTION
Governing Law and Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida (without giving effect to principles of conflicts of laws of the State of Florida or any other state).
15. DOMAIN NAMES
Domain names are to be used with our name servers and hosting plans only. Note we are not registering a domain in your name we are only leasing the domain to you on a yearly basis to be used in combination to our web hosting plans unless otherwise stated at time of sign up. If you terminate web hosting services, we will make every effort possible to transfer the domain name to your name by working with the registrar. This process can take a few weeks, months or years depending on the policies of registrar.
16. 30 DAY MONEY BACK
This offer only applies to virtual web hosting accounts and not to shell and/or IRCd hosting services. NO refunds will be given to shell or IRCd hosting accounts. Money back on virtual hosting accounts is at the sole discretion of the TCS Hosting sales team.
18. ACKNOWLEDGEMENT
By placing and continuing to maintain or place information on TCS Hosting servers you are acknowledging that you have read the aforementioned terms and conditions and that you accept fully the terms of use as a legally binding contract.
