The use of hosting services from Total Merchant Services Inc.
[hereafter referred to as "TMS"] constitutes agreement to these terms. You may
view our Privacy Policy here.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our
payment partner(s) have screened the order(s) in case of fraud. It is your
responsibility to provide us with an email address which is not @ the domain(s)
you are signing up under. If there is ever an abuse issue or we need to contact
you, the primary email address on file will be used for this purpose. It is your
responsibility to ensure the email address on file is current or up to date at
all times. Providing false contact information of any kind may result in the
termination of your account. In dedicated server purchases or high risk
transactions, it will be necessary to provide government issued identification
and possibly a scan of the credit card used for the purchase. If you fail to
meet these requirements, the order may be considered fraudulent in nature and be
denied.
Website
Transfers
Please contact
a member of the transfers department with specific details to receive a price
quote.
2.) Content
All services provided by TMS may only be used for lawful purposes. The laws of
the State of Florida, the State of Texas, and the United States of America
apply.
The customer agrees to indemnify and hold harmless TMS from any claims resulting
from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited.
This includes but is not limited to unauthorized copying of music, books,
photographs, or any other copyrighted work. The offer of sale of any counterfeit
merchandise of a trademark holder will result in the immediate termination of
your account. Any account found to be in violation of another's copyright will be
expeditiously removed, or access to the material disabled. Any account found to
be in repeated violation of copyright laws will be suspended and/or terminated
from our hosting. If you believe that your copyright or trademark is being
infringed upon, please email abuse@totalhostingservices.com with the information required. A list
of required information may be found here. If the request is of a licensing
issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the
exception of one cPanel backup of the same account. Please do not make backups
of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi,
MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PPBGs
Hateful/Racist/Harassment oriented sites
Sites inciting terrorism, teaching how to commit jihad, bomb making instructions
and related
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org &
escrow-fraud.com)
Mailer Pro
TMS services, including all related equipment, networks and network devices are
provided only for authorized customer use. TMS systems may be monitored for all
lawful purposes, including to ensure that use is authorized, for management of
the system, to facilitate protection against unauthorized access, and to verify
security procedures, survivability, and operational security. During monitoring,
information may be examined, recorded, copied and used for authorized purposes.
Use of TMS system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone for any reason. Any material that, in our
judgment, is obscene, threatening, illegal, or violates our terms of service in
any manner may be removed from our servers (or otherwise disabled), with or
without notice.
Failure to respond to email from our abuse department within 48 hours may result
in the suspension or termination of your services. All abuse issues must be
dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact
us at abuse@totalhostingservices.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to
child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be
suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may
terminate the account. We will further monitor your activity; more than one
infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your
account are secure and permissions of directories are set properly, regardless
of installation method. When at all possible, set permissions on most
directories to 755 or as restrictive as possible. Users are ultimately
responsible for all actions taken under their account. This includes the
compromise of credentials such as user name and password. It is required that
you use a secure password. If a weak password is used, your account may be
suspended until you agree to use a more secure password. Audits may be done to
prevent weak passwords from being used. If an audit is performed, and your
password is found to be weak, we will notify you and allow time for you to
change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and purchased lists will be treated as spam.
Any user who sends out spam will have their account terminated with or without
notice.
Please read http://www.totalhostingservices.com/emailpolicy.htm for our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This
provision includes, but is not limited to SPAM sent via fax, email, instant
messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO
may be hosted on our servers. Any account which results in our IP space being
blacklisted will be immediately suspended and/or terminated.
TMS reserves the right to require changes or disable as necessary any web site,
account, database, or other component that does not comply with its established
policies, or to make any such modifications in an emergency at its sole
discretion.
TMS reserves the right to charge the holder of the account used to send any
unsolicited e-mail a clean up fee or any charges incurred for blacklist removal.
This cost of the clean up fee is entirely at the discretion of TMS.
4.) Payment Information
You agree to supply appropriate payment for the services received from TMS, in
advance of the time period during which such services are provided. You agree
that until and unless you notify TMS of your desire to cancel any or all
services received, those services will be billed on a recurring basis. This
includes when accounts are suspended. When an account is suspended, invoices
will not automatically be generated. However, after the customer notifies TMS of
his or intent to resume service, invoices will be manually generated and payment
is expected for the time the account was suspended.
Cancellations must be done in writing via the cancellation form provided. Once
we receive your cancellation and have confirmed all necessary information with
you via e-mail, we will inform you in writing (typically email) that your
account has been canceled. Your cancellation confirmation will contain a
ticket/tracking number in the subject for your reference, and for verification
purposes. You should immediately receive an automatic "Your request has been
received..." email with a tracking number. An employee will confirm your request
(and process your cancellation) shortly thereafter. If you do not hear back from
us, or do not receive the automatic confirmation email within a few minutes
after submitting your cancellation, please contact us immediately via phone. We
require that cancellations of service are done through the online form to (a)
confirm your identity, (b) confirm in writing you are prepared for all
files/emails to be removed, and (c) document the request. This process reduces
the likelihood of mistakes, fraudulent/malicious requests, and ensures you are
aware that the files, emails, and account may be removed immediately after a
cancellation request is processed.
As a client of TMS, it is your responsibility to ensure that your payment
information is up to date, and that all invoices are paid on time. TMS provides
a 10 day grace period from the time the invoice is generated and when it must be
paid. Any invoice that is outstanding for 10 days and not paid will result in a
$10 late fee and/or an account suspension until account balance has been paid in
full. The $10 late fee is applied in addition to whatever else is owed to TMS
for services rendered. Access to the account will not be restored until payment
has been received.
It is the customer's responsibility to notify our sales team via email at
sales.support@totalhostingservices.com
after paying for a domain renewal and to ensure the email is received and acted
upon. Domain renewal notices and invoices are provided as a courtesy reminder
and TMS cannot be held responsible for failure to renew a domain or failure to
notify a customer about a domain's renewal.
Invoices that have been paid more than once with multiple Paypal Subscriptions
can only be added as credit towards the account and cannot be refunded via
Paypal. If you require assistance with this provision, please contact
sales.support@totalhostingservices.com
TMS reserves the right to change the monthly payment amount and any other
charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to
you as a courtesy. TMS is not responsible for files and/or 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 TMS servers.
Backups will not be provided for accounts that have been suspended or terminated
for any reason unless otherwise agreed to in writing by TMS. The backup function
is located in your cPanel. Maintain only one backup at any given time because
they require a lot of space and resources. It is your responsibility to
maintain daily backups of your website. We will backup your site once a week. We
will restore your website from our backups for free if the cause of the problem
was with us. If it is owner error, fees apply for restoring from out backups.
Remember to only keep one backup on the server at any time. Backups double your
web space used (megs).6.) Cancellations and Refunds
TMS reserves the right to cancel, suspend, or otherwise restrict access to the
account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or
termination of your services.
Customers may cancel at any time via a cancellation form. TMS gives you an
unconditional 30 day money back guarantee on managed shared hosting, and
reseller solutions for any customer who paid the first invoice with a credit
card or with Paypal.
The following methods of payments are non-refundable, and refunds will be posted
as credit to the hosting account:
Bank Wire Transfers
Western Union Payments
Checks
Money orders
There are no refunds for domain name purchases, administrative fees, or install fees for
custom software.
Only first-time accounts are eligible for a refund. For example, if you've had
an account with us before, canceled and signed up again, you will not be
eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7. Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are
numerous activities that could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the
server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on
shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal
torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942,
etc
h) Run cron entries with intervals of less than 15 minutes When using PHP
include functions for including a local file, include the local file rather than
the URL. Instead of include("http://yourdomain.com/include.php") use
include("include.php")
7b.) INODES
The use of more than 250,000 inodes on any shared account may potentially result
in a warning first, and if no action is taken future suspension. Accounts found
to be exceeding the 50,000 inode limit will automatically be removed from our
backup system to avoid over-usage. Every file (a webpage, image file, email,
etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended;
however, accounts that constantly create and delete large numbers of files on a
regular basis, have hundreds of thousands of files, or cause file system damage
may be flagged for review and/or suspension. The primary cause of excessive
inodes seems to be due to users leaving their catchall address enabled, but
never checking their primary account mailbox. Over time, tens of thousands of
messages (or more) build up, eventually pushing the account past our inode
limit. To disable your default mailbox, login to cPanel and choose "Mail", then
"Default Address", "Set Default Address", and then type in: :fail: No such user
here.
7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from
our off site weekly backup with the the exception of Databases continuing to be
backed up. All data will continue to be mirrored to a secondary drive which
helps protect against data loss in the event of a drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending
on the hosting package you purchase. Should your account pass the allocated
amount we reserve the right to suspend the account until the start of the next
allocation, suspend the account until more bandwidth is purchased at an
additional fee, suspend the account until you upgrade to a higher level of
package, terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to the next month.
9a.) Money back Guarantee
Each of TMS's managed shared and reseller servers carry a 30 day unconditional
money back guarantee on them. If you are not completely satisfied with our
services within the first 30 days of your service, you will be given a full
refund of the contract amount. Remember, refunds do not apply to administrative fees,
install fees for custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the
99.9% uptime you may receive one month of credit on your account. Approval of
the credit is at the discretion of TMS dependant upon justification provided.
Third party monitoring service reports may not be used for justification due to
a variety of factors including the monitor's network capacity/transit
availability. The uptime of the server is defined as the reported uptime from
the operating system and the Apache Web Server which may differ from the uptime
reported by other individual services. To request a credit, please contact
sales.support@totalhostingservices.com with justification. All requests must be
made in writing via email. Uptime guarantees only apply to shared / reseller
solutions.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. TMS does not provide
support to our Reseller's Clients. If a reseller's client contacts us, we
reserve the right to place the client account on hold until the reseller can
assume their responsibility for their client. All support requests must be made
by the reseller on their clients' behalf for security purposes. Resellers are
also responsible for all content stored or transmitted under their reseller
account and the actions of their clients'. TMS will hold any reseller
responsible for any of their clients actions that violate the law or the terms
of service.
11.) Shared (non-reseller accounts) / Semi-dedicated Servers
Shared accounts may not resell web hosting to other people, Shared
accounts which are allowed multiple domain names, all domain names must be owned
by the original site owner. If you wish to
resell hosting you must use a reseller account. Semi-dedicated servers are not
backed up. You must maintain your own backups.
13.) Price Change
We
reserve the right to change prices listed on totalhostingservices.com and
related sites we own advertising our web hosting services, and the right to increase
the amount of resources given to plans at any time.
14.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time
customers* only and may not be used towards the purchase of a domain
registration unless otherwise specified. If you have signed up using a
particular domain, you may not resign up for that domain using another coupon at
a later date. Any account found in violation of these policies will be reviewed
by our sales department and the appropriate invoices will be added to the
account. Coupon abuse will not be tolerated and may result in the suspension or
termination of the account.
15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold TMS harmless from
any and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against TMS, 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 TMS against
liabilities arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with TMS; (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 TMS's server.
15b.) Arbitration By using any TMS services, you agree to submit to binding
arbitration. If any disputes or claims arise against TMS or its subsidiaries,
such disputes will be handled by an arbitrator of TMS's choice. An arbitrator
from the American Arbitration Association or the National Arbitration Forum will
be selected in the state of Florida or Texas. Arbitrators shall be attorneys or retired
judges and shall be selected pursuant to the applicable rules. All decisions
rendered by the arbitrator will be binding and final. The arbitrator's award is
final and binding on all parties. The Federal Arbitration Act, and not any state
arbitration law, governs all arbitration under this Arbitration Clause. You are
also responsible for any and all costs related to such arbitration.
16.) Disclaimer
TMS shall not be responsible for any damages your business may suffer. TMS makes
no warranties of any kind, expressed or implied for services we provide. TMS
disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, no deliveries, wrong delivery,
and any and all service interruptions caused by TMS and its employees.
17.) Disclosure to law enforcement
TMS may disclose any subscriber information to law enforcement agencies without
further consent or notification to the subscriber upon lawful (warrant issued) request from such
agencies. We will cooperate fully with law enforcement agencies.
18.) Changes to the TOS
TMS reserves the right to revise its policies at any time with or without notice.
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Web Hosting Terms of Service
