TsHosting & Web Design

T & S Hosting, [hereafter referred to as "TsHosting " or the "Company"] agrees to provide services to the Subscriber, subject to the following TOS (Terms of Service).

Use of TsHosting Services constitutes acceptance and agreement to The Company's AUP (Acceptable Use Policy) as well as the TsHosting TOS (Terms of Service).

All provisions are subject to the TOS (Terms of Service) of TsHosting and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP 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 Australia, New Zealand, the United Kingdom and the United States Of America.

Tos-1. 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 TsHosting shall have the right to terminate all service set forth in this Agreement.

Tos-2. Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to the company by its suppliers.

Tos-3. Payment:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

Tos-4. Payments and Fees:
Accounts that reach 10 days overdue will be suspended until payment has been received and will be charged a 5% late fee. Accounts overdue by 30 days or more will be cancelled and all files removed from our servers. If you wish to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Tos-5. Refund and Disputes:
All payments to TsHosting are non refundable. This includes any one time setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge or payment that, in the company's sole discretion is a valid charge under the provisions of the TOS and / or AUP, you agree to pay TsHosting an "Administrative Fee" of not less than $25 and not more than $75.

Tos-6. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of a 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.

Tos-7. Account Cancellation:
Requests for canceling accounts must be made through your TsHosting client center or by email to cancellations@tshosting.com.au and request that your account be cancelled. All account information must be included in the cancellation request, Email requests for canceling accounts must be with at least 14 days notice but not more than 30 days.

Tos-8. Liability:
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.

Tos-9. New Domain Accounts:
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 12 hours. Due to unforeseen complications, however, this process may sometimes require up to 72 hours.

Tos-10. Support Boundaries:
TsHosting provides 24 x 7 technical support to our subscribers (except for a few holidays when we close our offices). We limit our technical support to our area of expertise.
The following is our guidelines when providing support:

TsHosting provides support related to your web site's physical functioning.
TsHosting does not offer tech support for application specific issues such as CGI programming, HTML or any other such 3rd party script issues.

If you can email, we encourage you to email support@tshosting.com.au for assistance. If you are able to get online and have other questions, the answers may be on our support pages accessible via our home page - 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.

Tos-11. SPAM and Unsolicited Commercial Email (UCE):
TsHosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of TsHosting may not use or permit others to use our network to transact in UCE. Resellers, webmasters and web site owners of TsHosting 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.

a) Violation of the TsHosting SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, TsHosting will initiate an immediate investigation (within 24 hours of notification). During the investigation, TsHosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, TsHosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. TsHosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, TsHosting will notify law enforcement officials if the violation is believed to be a criminal offence.

IMPORTANT:
Anyone hosting web sites or services on their server that supports spammers or causes any of our IP space to be listed in any of the various Spam Databases will have their web site immediately removed from our servers. Severe violations may result in immediate and permanent removal of all sites for that customer from our servers without notice to the customer. Any customer guilty of a second violation WILL be immediately and permanently removed from our servers without notice.

Tos-13. INODES: The use of more then 50,000 INODES will result in account suspension. Accounts found exceeding 50,000 INODES will not be backed up on our backup servers. A INODE is the actual file or directory and not the size of that file or directory. For example your index.html file is 1 INODE. A directory called homework is counted as 1 INODE as well.

a) 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 "Agreed Usage"). TsHosting will monitor Customer's bandwidth and disk usage. TsHosting 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 TsHosting 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, TsHosting may, at its sole discretion, request a deposit, in an amount determined by TsHosting.

b) System and Network Security:
Users are prohibited from violating or attempting to violate the security of TsHosting and its services. Violations of system or network security may result in civil or criminal liability. TsHosting 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:

i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

v. Taking any action in order to obtain services to which such User is not entitled.

a) TsHosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

b) First violation: Any User, which TsHosting determines to have violated any element of this Terms Of Service Agreement, shall receive an email, warning them of the violation. The service may be subject at The Company's discretion to a temporary suspension pending a User's agreement to refrain from any further violations.

c) Second Violation: Users that TsHosting determines to have committed a second violation of any element of this Terms Of Service Agreement shall be subject to immediate suspension or termination of service without further notice.

d) TsHosting reserves the right, to drop the web sites or accounts involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Tos-16. Suspension of Service or Cancellation:
TsHosting reserves the right to suspend network access to any customer if in the judgment of the TsHosting network administrators the customer's web site is the source or target of the violation of any of the other terms of the AUP or for any other reason which TsHosting 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 services were suspended.

d) TsHosting is not responsible for any users data and all users are encouraged to perform their own daily backups, if a user experiences data loss due to there own doing, TsHosting may charge a one-time $5 restoration fee per incident that requires a backup to be restored to a users account, in most cases TsHosting prefers not to impose any extra charges on the customers for this service.

Tos-18. Indemnification:
Customer agrees that it shall defend, indemnify, save and hold TsHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TsHosting, 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, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless TsHosting against liabilities arising out of;

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with TsHosting;

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

(3) copyright infringement and

(4) any defective products sold to customers from TsHosting's server.

Tos-19. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.

a) 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.

b) 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.

c) TsHosting takes no responsibility for any material input by others and not posted to the TsHosting servers by TsHosting. TsHosting is not responsible for the content of any other web sites linked to the TsHosting servers and web sites; links are provided as Internet navigation tools only. TsHosting 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.

d) TsHosting is not responsible for any damages your business may suffer. TsHosting does not make implied or written warranties for any of our services. TsHosting 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 TsHosting.

e) Whereas Adult material is permitted It is absolutely forbidden to host any pornographic material that is considered to be unlawful, obscene, harassing, threatening, abusive, libelous or hateful, This will be determined at our sole discretion and accounts found hosting this material will be subject to immediate cancellation without refund. If you are unsure as to whether your content is permitted then please email support@tshosting.com.au

Tos-20. Responsibility for Content:
You, as the TsHosting customer, are solely responsible for the content stored on and served by your TsHosting web site.

Tos-21. Changes to the TOS:
TsHosting reserves the right to amend its policies at any time. All resellers and webmasters of TsHosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.