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IMPORTANT NOTICE:
*All Payments To Third Coast Web Solutions for Domain Registration(s) if
applicable are non-refundable.
Third Coast Web Solutions ("The Company") agrees to furnish services to
the Subscriber, subject to the following TOS (Terms of Service).
Use of Third Coast Web Solutions Service constitutes acceptance and
agreement to Third Coast Web Solutions AUP as well as Third Coast Web
Solutions TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of Third Coast Web Solutions 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 the state of Texas, county of Travis applicable to contracts
enforceable in that state. Venue will be Travis County, Texas
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 Third Coast Web Solutions shall have the right
to terminate all service set forth in this Agreement.
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
company by its suppliers.
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. The above
applies to all accounts and services provided by Third Coast Web
Solutions.
4. Payments and Fees:
Subscriber acknowledges that their hosting plans/domain registration
will automatically renew at same price until you cancel. Credit cards
that are declined for any reason are subject to a $1.00 declination fee.
Service will be interrupted on accounts that reach 10 days past due.
Service interrupted for nonpayment is subject to a $20 reconnect charge.
Accounts not paid by due date are subject to a $7.95 late fee. Accounts
that are not collectable by Third Coast Web Solutions 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.
5. Refund Policy and Disputes:
All payments for domain registration and dedicated servers to Third
Coast Web Solutions are nonrefundable. This includes any one time setup
fees for special install request and subsequent charges regardless of
usage. You may cancel your account at any time before your monthly
billing date, and you will not be billed for the next month.
If you are paying annually for web site hosting services, we will issue
a pro-rata refund for months not used. Refunds are approved for
accounts under 120 days of the date and time the original transaction
was settled. ALL refunds after the 120-day period will be rejected.
We do offer 30 day "money back" guarantee from date of original order.
All overcharges or billing disputes must be reported within 60 days of
the time the dispute occurred.
6. 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. Paypal Subscription Cancellations: If you subscribed to our
hosting plan with Paypal payments and if we get notice from paypal.com
regarding your subscription cancellation, we have full right to suspend
your hosting account till the subscription is reinstated. Third Coast
Web Solutions does not host websites with cancelled subscriptions.
7. Account Cancellation:
Requests for canceling accounts may be made in writing or email with at
least 30 days notice Or you may fax the cancellation request to
1-512-837-3959 with the information listed here: Click Here
Third Coast Web Solutions preferred method of cancellation is via
filling out the online cancellation form at: http://www.Third Coast Web
Solutions.com/support
You must have all account information to cancel. We do not cancel
accounts via our Live chat, helpdesk or any other way due to security
reasons besides the ones listed above. Non-usage of hosting account,
account inactivity or if you moved to another host, phone requests will
not constitute acceptance of any cancellation. For information on
refunds please see the heading "Refund Policy and Disputes".
1. 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.
2. Transfer of Domains Registrar:
New webhosting accounts which involve the transfer of a domain from
another provider /registrar to Third Coast Web Solutions will
require a minimum of seven (7) days to be set up and entered into our
DNS servers. In some cases, such transfers may take up to sixty (60)
days. Due to the unpredictable nature of the transfer process, no
guarantees are made regarding the amount of time a specific transfer may
take. If the transfer of the domain is done by Third Coast Web
Solutions on behalf of the account holder a handling fee will be
incurred. If the customer cancels service during the transfer period for
any reason, all charges are considered
earned.
3. SPAM and Unsolicited Commercial Email (UCE):
Third Coast Web Solutions 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 Third Coast Web Solutions may not
use or permit others to use our network to transact in UCE. Customers of
Third Coast Web Solutions 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 Third Coast Web Solutions SPAM policy will result
in severe penalties. Upon notification of an alleged violation of our
SPAM policy, Third Coast Web Solutions will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, Third Coast Web Solutions may restrict customer access to
the network to prevent further violations. If a customer is found to be
in violation of our SPAM policy, Third Coast Web Solutions may, at its
sole discretion, restrict, suspend or terminate customer's account.
Further, Third Coast Web Solutions reserves the right to pursue civil
remedies for any costs associated with the investigation of a
substantiated policy violation. Third Coast Web Solutions 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 $250 and your account will be reviewed for
possible immediate termination. A second violation will result in an
"Administrative Fee" of $500 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
$175 per hour that Third Coast Web Solutions personnel must spend to
investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of
their clients over Third Coast Web Solutions network, it is advisable
that Customers develop a similar, or stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on
their server that support spammers or cause any of our IP space to be
listed in any of the various Spam Databases will have their
server/hosting account immediately removed from our network. The
server/hosting account will not be reconnected until such time that you
agree to remove ANY and ALL traces of the offending
material immediately upon reconnection and agree to allow us access to
the server to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and permanent removal
of the server/hosting account from our network without notice to the
customer. Any server/hosting account guilty of a second violation
WILL be immediately and permanently removed from our network
without notice.
4. Network
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"). Third Coast Web Solutions will
monitor Customer's bandwidth and disk usage. Third Coast Web Solutions
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 Third Coast Web Solutions
sole and absolute discretion. If Third Coast Web Solutions 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, Third Coast Web
Solutions may, at its sole discretion, collect a deposit, in an amount
determined by Third Coast Web Solutions, against customer's credit card
on file with Third Coast Web Solutions.
b. System and Network Security:
Users are prohibited from violating or attempting to violate the
security of Third Coast Web Solutions Network. Violations of system or
network security may result in civil or criminal liability. Third Coast
Web Solutions 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.
5. Notification of Violation:
a. Third Coast Web Solutions 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 Third Coast Web Solutions
determines to have violated any element of this Acceptable Use Policy,
shall receive an email, warning them of the violation. The service may
be subject at Third Coast Web Solutions discretion to a temporary
suspension pending a User's agreement in writing, to refrain from any
further violations.
c. Second Violation:
Users that Third Coast Web Solutions determines to have committed a
second violation of any element of this Acceptable Use Policy shall be
subject to immediate suspension or termination of service without
further notice.
d. We reserve the right, to drop the section of IP space 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
particular, if open relays are on your network or a customer's network,
or if denial of service attacks are originating from your network. 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.
6. Suspension of Service or Cancellation:
Third Coast Web Solutions reserves the right to suspend network access
to any customer if in the judgment of Third Coast Web Solutions 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 Third Coast Web Solutions 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.
7. Third Coast Web Solutions reserves the right to amend its
policies at any time. All Sub-Networks, resellers and managed servers of
Third Coast Web Solutions 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.
8. Indemnification: Third Coast Web Solutions wishes to emphasize
that in agreeing to Third Coast Web Solutions Acceptable Use Policy (AUP)
and Terms of Service (ToS), customer indemnifies Third Coast Web
Solutions for any violation of the Acceptable Use Policy (AUP) and Terms
of Service (ToS) that results in loss to Third Coast Web Solutions or
the bringing of any claim against Third Coast Web Solutions by any
third-party. This means that if Third Coast Web Solutions is sued
because of a customer's or a customer of a customer's activity, the
customer will pay any damages awarded against Third Coast Web Solutions,
plus all costs and attorney's fees.
9. LIMITATION OF LIABILITY:
Third Coast Web Solutions shall not be responsible for any claimed
damages, including incidental and consequential damages, which may arise
from Third Coast Web Solutions servers going off-line or being
unavailable for any reason whatsoever. Furthermore, Third Coast Web
Solutions shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the corruption or
deletion of any web site from one of Third Coast Web Solutions servers.
All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Uses Policies should be referred to
abuse@Third Coast Web Solutions.com. All complaints will be investigated
promptly.
10. 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. 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. Third Coast Web Solutions takes no responsibility for any
material input by others and not posted to Third Coast Web Solutions
Network by Third Coast Web Solutions. Third Coast Web Solutions is not
responsible for the content of any other websites linked to Third Coast
Web Solutions Network; links are provided as Internet navigation tools
only. Third Coast Web Solutions 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. Third Coast Web Solutions is not responsible for any damages
your business may suffer. Third Coast Web Solutions does not make
implied or written warranties for any of our services. Third Coast Web
Solutions 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 Third Coast
Web Solutions.
e. It is absolutely forbidden to host pornographic content or IRC
servers on Virtual Server Accounts. Hosting Accounts found hosting this
material will be subject to immediate cancellation without refund.
11. Responsibility for Content:
You, as Third Coast Web Solutions customer, are solely responsible for
the content stored on and served by your Third Coast Web Solutions
server.
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