 This
Terms of Service was last updated on Sep 2nd, 2008.
MYTWPHOSTING ("The Company") agrees to furnish services to the
subscriber of services ("Client"), subject to the following TOS
("Terms of Service"). MYTWPHOSTING reserves the right to change
this TOS at any time. Such changes, modifications, additions or
deletions shall be effective immediately upon posting on-line at
this location. You acknowledge and agree that it is your responsibility
to review this site and this TOS periodically and to be aware of
any modifications. You may identify whether MYTWPHOSTING has revised
this TOS by noting the "Effective Date" above. Your continued use
of the services after such modifications will constitute your: (a)
acknowledgment of the modified TOS; and (b) agreement to abide and
be bound by the modified TOS. If you do not agree to these terms,
please contact us to cancel your services.
Contact Information
You agree to provide MYTWPHOSTING with accurate and complete contact
information. Contact information means any data relating to your
identity, electronic mail, and street address, or telephone and
fax number, or any other information that you provide to MYTWPHOSTING
in order to receive or to continue receiving services. Further,
you agree to provide MYTWPHOSTING with updated contact information
within a reasonable period of time following the change in circumstance
that creates the need for updated information.
Payments and Fees
Establishment of this service is dependent upon receipt by MYTWPHOSTING
of payment of stated charges. Subsequent payments are due on a recurring
date that coincides with the date of sign up. The accepted methods
of payment are credit card (Visa, MasterCard, American Express,
and Discover), PayPal, check, or money order. Paypal payments must
be submitted to paypal@mytwphosting.com Wire transfer payments are
allowed for clients who pay on a semi-annual or longer basis. Clients
are responsible for any additional transaction fees that coincide
with any payment methods. Checks, money orders, and wire transfers
should be sent at least 7 days prior to the invoice due date to
help ensure that the payment is received by MYTWPHOSTING in a timely
manner. The Company reserves the right to deny Client the use of
any payment method for, but not limited to, abuse or misuse of a
payment method. Abuse of a payment method may also be grounds for
further disciplinary action up to and including the immediate and
permanent cancellation of the Client's services or their entire
account with The Company. If a check or ACH draft is returned for
any reason, the account will be assessed a £15 service charge per
item. If payment for the returned check amount and service fee is
not remitted in full by 2 P.M. GMT the following business day, the
server will be deactivated until payment is received and will be
subject to regular reconnect fees. Credit cards that are declined
for any reason are subject to a £1 declination fee. Service will
be interrupted on accounts that reach 7 days past due. Service interrupted
for nonpayment is subject to a £25 reconnect charge. Accounts not
paid by due date are subject to a £5 late fee. Accounts that are
not collectible by MYTWPHOSTING 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 £35 nor more than £100. If you desire to cancel
your account, please follow the proper procedure as outlined in
this TOS. If a service is deactivated due to non-payment the service
in question will only be reactivated once payment for the outstanding
balance has been received in full. If all services on an active
account are deactivated all outstanding invoices must be paid in
full before any one service will be reactivated. The Company reserves
the right to keep a service deactivated until funds paid have cleared.
Account Cancellation
Client must submit service cancellations by opening a ticket through
our client portal at least 7 days but not more than 30 days before
the end of the service's billing cycle. Cancellation requests are
not accepted through phone, email, fax, or any other method besides
through opening a ticket through our client portal. You must have
all account information to cancel an account. Only the authorized
account holder may cancel the account. In the event of cancellation,
customer will automatically be billed for any excess bandwidth usage
during the then-current monthly billing cycle.
Bandwidth
Client agrees that bandwidth usage shall not exceed the number
of gigabytes per month for the services ordered by Client. MYTWPHOSTING
will monitor Client's bandwidth usage and will provide RTG graphs
of bandwidth usage for Client to review in the MYTWPHOSTING client
portal. MYTWPHOSTING shall have the right to take corrective action
if Client's bandwidth usage exceeds the amount allocated by Client's
service plan ("Allocation"). 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 MYTWPHOSTING sole and absolute discretion.
MYTWPHOSTING believes in communicating with our clients and will
try to work with our clients to resolve any overage issues before
taking action which could cause a client's service to become unavailable.
Bandwidth usage is measured on a monthly basis coinciding with Client's
billing cycle. Both incoming and outgoing traffic are counted. In
the event that a customer exceeds the included allocation, MYTWPHOSTING
may, at its sole discretion, collect a deposit in the amount of
£0.50 per GB for the projected overage for the month, immediately
against customer's credit card on file with MYTWPHOSTING. Client
agrees to pay MYTWPHOSTING any additional fees for bandwidth overages
within 3 days of the invoicing period at a rate of £0.50 per GB
of bandwidth used over the Allocation. Any bandwidth overage bill
not paid within three (3) days of invoicing will subject the server
and services to suspension. Unused bandwidth allocations cannot
be carried over to future months, or applied to other servers.
IP Allocations
All IP addresses which are assigned to Client must be justified
per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If
it is determined that IP addresses which have been assigned to Client
are not being used in accordance with these guidelines, they may
be revoked.
SPAM and Unsolicited Commercial Email (UCE)
MYTWPHOSTING 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 MYTWPHOSTING may not use or
permit others to use our network to transact in UCE. Clients of
MYTWPHOSTING may not host, or permit hosting of, sites or information
that is advertised by UCE from other networks. In addition, it is
not acceptable to transmit bulk email through remote SOCKS, HTTP
or other similar proxies who in turn make a SMTP connection to the
destination mail servers. This technique may result in account suspension
or termination. Violations of this policy carry severe penalties,
including termination of service. In order to prevent unnecessary
blacklisting due to spam we reserve the right to occasionally sample
bulk email being sent from servers. a. Violation of MYTWPHOSTING
email policy, as outlined in the Acceptable Use Policy ("AUP") will
result in severe penalties. Upon notification of an alleged violation
of our AUP, MYTWPHOSTING will initiate an immediate investigation
(within 48 hours of notification). During the investigation, MYTWPHOSTING
may restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our AUP, MYTWPHOSTING
may, at its sole discretion, restrict, suspend or terminate customer's
account. Further, MYTWPHOSTING reserves the right to pursue civil
remedies for any costs associated with the investigation of a substantiated
policy violation. MYTWPHOSTING will notify law enforcement officials
if the violation is believed to be a criminal offense. b. First
violations of this policy will result in an "Administrative Fee"
of £125 and your account will be reviewed for possible immediate
termination. A second violation will result in an "Administrative
Fee" of £250 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 £85 per hour
that MYTWPHOSTING personnel must spend to investigate the matter.
c. As our Clients are ultimately responsible for the actions of
their clients over the MYTWPHOSTING network, it is advisable that
Clients develop a similar, or stricter, policy for their clients.
Refund and Disputes
All payments to MYTWPHOSTING are nonrefundable. This includes one
time setup fees, prepayment fees, and subsequent charges regardless
of usage. Client shall not be entitled to any refunds, pro-rated
or otherwise, in the event of early termination of this agreement
by The Company according to the terms herein. All overcharges or
billing disputes must be reported within 60 days of the time the
dispute occurred. If you dispute a charge to your credit card issuer
or payment provider (chargeback) that, in MYTWPHOSTING sole discretion
is a valid charge under the provisions of the TOS and/or AUP, you
agree to pay MYTWPHOSTING an "Administrative Fee" of not less than
£35 and not more than £100.
Courtesy Transfer Service
MYTWPHOSTING performs all account transfers, account moves, cPanel
transfers, server transfers and any other service which involves
MYTWPHOSTING copying files of yours from a third party service to
your MYTWPHOSTING service, hereafter known as a "transfer" as a
courtesy service only. By requesting MYTWPHOSTING to perform a transfer
you agree indemnify and hold harmless MYTWPHOSTING from any and
all liability arising from the transfer and/or copying of your accounts.
You also agree MYTWPHOSTING is not responsible for any issues relating
to the transfer of your accounts, both on your MYTWPHOSTING service
and at any other third party service from which MYTWPHOSTING may
be transferring your accounts from, including but not limited to,
missing or corrupted files, improperly transferred accounts, any
and all fees you may incur from third party services such as bandwidth
fees or charges from delays in transferring account, settings or
files from third party providers which may not transferred, any
downtime or outages, DNS problems, accounts set up on incorrect
IP addresses, any issues at third party services which delay or
prevent MYTWPHOSTING from performing the service, or any other issues.
MYTWPHOSTING makes no guarantees regarding the availability of our
transfer service or the amount of time it takes to perform transfers.
Nightly Backups
MYTWPHOSTING performs nightly backups of accounts as a courtesy
service only. MYTWPHOSTING is not responsible for the completeness,
integrity, or freshness of your backup. MYTWPHOSTING recommends
you have your own backup system in place. backups are intended for
disaster recovery purposes only. MYTWPHOSTING reserves the right
to charge fees for restores which are requested that are not for
disaster recovery purposes.
Damages
Client 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, Client agrees
that the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of The Company.
Client further acknowledges that The Company's liability for its
own negligence may not in any event exceed an amount equivalent
to charges payable by Client for services during the period damages
occurred. In no event shall The Company be liable for any special
or consequential damages, loss or injury. MYTWPHOSTING is not responsible
for any damages your business may suffer. MYTWPHOSTING does not
make implied or written warranties for any of our services. MYTWPHOSTING
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 MYTWPHOSTING.
Non-Waiver
Client agrees that MYTWPHOSTING failure at any time to enforce
any of the provisions of this TOS or any right or remedy available
hereunder, or at law or equity, or to exercise any option herein
provided, shall in no way be construed to be a waiver of such provisions,
rights, remedies, or options or in any way to affect the validity
of this TOS. The exercise by MYTWPHOSTING of any rights, remedies,
or options provided hereunder, or at law or equity, shall not preclude
or prejudice MYTWPHOSTING from exercising thereafter the same or
other rights, remedies, or options.
Force Majeure
You agree that MYTWPHOSTING is not responsible for any damages,
delays, or other failures to fulfill its obligations hereunder as
a result of war, fire, strike, riot or insurrection, natural disaster,
delay of carriers, governmental order or regulation, complete or
partial shutdown of plant, unavailability of materials or equipment
from suppliers, failures or blackouts, labor disputes, and/or other
occurrences beyond its control whether or not similar to those listed
above.
Assignment
Neither this TOS nor any of the rights, interests or obligations
hereunder may be assigned by the Client (whether by operation of
law or otherwise) without the prior written consent of The Company.
The Company may assign this TOS without the consent of Client. Subject
to the foregoing, this TOS shall be binding upon, inure to the benefit
of and be enforceable by the parties and their respective successors
and permitted assigns.
Misc.
We reserve the right to refuse service to anyone at any time for
any reason. The Company is not responsible for data integrity on
equipment reclaimed for non-payment. Illinois residents agree to
pay all taxes applicable to your account. Anything not explicitly
stated in this TOS is subject to interpretation at MYTWPHOSTING
sole and absolute discretion. You, as MYTWPHOSTING client, are solely
responsible for the content stored on and served by your MYTWPHOSTING
service.
Contact Please direct all questions regarding this AUP to support@mytwphosting.com
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