This Agreement ("Agreement") is by and between Tahoe Creative Solutions, CORP ("TCS") a Nevada corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of TCS services ("Services") and explains TCS's obligations to You and Your obligations to TCS in relation to the Services You purchase.
This Agreement constitutes the complete and exclusive agreement between You and TCS concerning Your use of TCS's Services, and supersede and govern all prior proposals, agreements, or other communications. By purchasing TCS's Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new terms or policies which TCS may establish from time to time, and any agreements that TCS is currently bound by or will be bound by in the future.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with TCS, whether or not the transactions were in Your behalf.
The Terms set forth in this document apply to all customers of TCS. Additional Terms may be instituted for other services purchased through Tahoe Creative Solutions, CORP.
1. TERM OF AGREEMENT; MODIFICATIONS
You agree that TCS may modify this Agreement and the Services from time to time. You agree to be bound by any changes TCS may reasonably make to this Agreement when such changes are made. If You have purchased Services from TCS, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. In the event You terminate Your usage, TCS will not refund any amounts You have paid. You agree that TCS shall not be bound by any representations made by third parties who You may use to purchase Services from. TCS may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying TCS should You desire to terminate Your use of TCS's Services. Notification of Your intent to terminate must be provided to TCS no earlier than thirty one (31) days prior to Your billing date but no later than five (5) days prior to Your billing date. All account cancellations must be requested through the Helpdesk. If Your account is cancelled due to non-payment, TCS reserves the right to delete the web site contents without notice.
2. ACCURATE INFORMATION
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 and up to date at all times.
In order to provide management and monitoring services, and ensure compliance with established policies, all account login information listed in your client area must be accurate. If you wish to change the root password of your dedicated server or Virtual Private Server, please ensure that you also update of this change via the helpdesk. We reserve the right to reset login information if necessary.
3. ACCOUNT SECURITY
You agree You are entirely responsible for maintaining the confidentiality of Your customer logins, and passwords. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify TCS immediately of any unauthorized use of Your account or any other breach of security. You agree TCS will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by TCS or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. TCS specifically disclaims liability for any activity in Your account, whether authorized by You or not.
4. NO UNLAWFUL CONDUCT OR IMPROPER USE
As a condition of Your use of TCS's Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to TCS if, for any reason, TCS takes corrective action with respect to Your improper or illegal use of its Services.
TCS reserves the right at all times to disclose any information as TCS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TCS's sole discretion.
TCS has no obligation to monitor Your use of the Services. TCS reserves the right to review Your use of the Services and to cancel the Services in its sole discretion.
TCS reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against TCS or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. TCS may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
TCS may also cancel Your use of the Services, if You are using the Services, as determined by TCS in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way.
In the event TCS deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to TCS if, for any reason, TCS takes corrective action with respect to Your improper or illegal use of its Services.
5. SERVER SECURITY; UNAUTHORIZED PROGRAMS
You are prohibited from violating or attempting to violate the security of the servers. Violations of system or network security may result in civil or criminal liability. TCS will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations. These violations include, without limitation:
Accessing data not intended for You or logging into a server or account, which You are not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which You are not entitled.
Shell and Telnet access are disabled on ALL servers. The use of an external script (CGI, PHP or other) to enable shell access is forbidden.
Other unacceptable material include:
VPN, IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
6. RESOURCE USAGE
You may not;
Use 25% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run any type of interactive real-time chat applications that require server resources without prior authorization from TCS. Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield, etc
Run cron entries with intervals of less than 15 minutes
7. BANDWIDTH USAGE
Certain hosting plans, virtual and dedicated servers allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should Your Account exceed the allocated amount, TCS reserves the right to:
Suspend the account until the start of the next allocation
Suspend the account until you upgrade to a higher level of package
Apply an overage fee (in the case of virtual or dedicated servers)
Unused bandwidth for any given month may not be carried over to the next month.
8. NO SPAM; ZERO TOLERANCE
You agree TCS may immediately terminate or suspend any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, You agree to pay TCS any damages associated with the transmission of said SPAM, and may incur a $5.00 per abuse penalty or the maximum allowed by Law.
You acknowledge You have read and understand and agree to be bound by the terms and conditions of our Mailing Policy. Such terms and conditions are applicable to the use of all TCS Services and are incorporated herein.
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.
Newsletters, mailing lists and other marketing emails can only be sent from the account that is being promoted. You may not use an account to advertise services of another account without prior authorization from TCS Web Hosting Management. Example: If you send mail from "www.example.com", the destination advertised in the email must be "www.example.com", you may not direct the user to "www.other-location.com"
9. INTELLECTUAL PROPERTY
You agree that TCS will hold no copyright claims to your electronic files. You further agree that all content that you upload to our Services will be considered to be your own intellectual property. All scripts uploaded should be kept up to date to avoid exploitation of your site. All scripts, mailings, content and files posted on your site are your responsibility and malicious actions taken in part by your site will be your responsibility also. Any and all repercussions will be born solely by you as the account holder. TCS will not be held responsible or accountable for any materials published, stored or otherwise held in your web folder.
10. USE OF TCS SOFTWARE
If You have licensed software from TCS, TCS grants You a limited, non-exclusive, nontransferable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time.
You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
TCS reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of TCS . The source code and its organization are the exclusive property of TCS and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by TCS .
TCS provides this Software "as is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
11. FEES AND PAYMENT
You agree to pay TCS at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. TCS expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card or through the use of PayPal Payment Services.
TCS will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with TCS, at TCS's then current rates.
Invoices are due on the date indicated on the invoice. A five (5) day grace period is allowed beyond the specified due date, after which all related accounts are subject to suspension or termination.
If for any reason TCS is unable to charge Your Credit Card for the full amount owed TCS for the Services provided, or if TCS is charged a penalty for any fee it previously charged to Your Credit Card, Check or PayPal payment, You agree that TCS may pursue all available remedies in order to obtain payment, including contact by electronic mail, postal mail, and phone.
11a. Payment by PayPal
It is Your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and TCS will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and TCS may pursue all available remedies in order to obtain payment.
Payments by PayPal to Your Account are not automated. You must log in each time to the billing system upon receipt of the invoice to pay the outstanding bill via PayPal.
11b. Promotional Plans
Unless otherwise specified in advertising materials, Promotional Plans are applicable only to new account purchases, and cannot be applied to existing accounts or upgrades.
12. CANCELLATION OF SERVICE
Cancellation requests will only be accepted via the Cancellation Form. All cancellations must be received a minimum of five (5) days prior to the next billing date of the domain being cancelled. If You notify TCS less than five (5) days before the next billing date of the domain being cancelled, the charges incurred as a result of that renewal will not be refunded. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive a confirmation of your cancellation, your account has not been cancelled. Please allow up to 24 hours for your cancellation to be processed. If you do not receive a cancellation receipt from us within 24 hours, please contact us immediately. We cannot accept cancellation requests over the phone or via the Live Chat interface for security reasons. Please make sure a backup has been made of your data prior to cancellation as we will not keep one for you.
Services cancelled prior to the completion of the prepaid billing period will not be due a partial refund. However, a credit for any unused full months of service may be applied to any unpaid invoices, or added as a credit for future invoices.
12a. Cancellation of Promotional Plans
Promotional plans which offer a lower than regularly advertised rate will not receive a partial refund in case of early cancellation (cancellation prior to the end of the advertised promotional plan billing period). New customers taking advantage of the Satisfaction Guarantee on a promotional plan which includes a "free" domain name will be assessed a penalty for the registered or transferred domain which equals the currently advertised cost of said registration or transfer. This amount will be deducted from the Satisfaction Guarantee refund due to the customer.
13. BACKUP AND DATA LOSS
TCS will not be held responsible for any loss of data held on our servers to Your website. TCS will always try to restore Your lost data, however this doesn't always work as the data may be corrupted. In such an instance, TCS will not be held responsible. It is Your responsibility to maintain current backups of Your website data.
14. REFUSAL OF SERVICE
TCS reserves the right to refuse or cancel service in its sole discretion with no refunds. If any of the Terms of Service are failed to be followed, it will result in grounds for immediate account deactivation.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
16. REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
TCS expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of TCS, as well as its affiliates, subsidiaries, officers, directors and employees. TCS also reserves the right to freeze a domain name during resolution of a dispute.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL TCS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF TCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, TCS's liability is limited to the full extent permitted by law. You agree that in no event shall TCS's maximum aggregate liability exceed the total amount paid by You for the particular Service in dispute purchased from TCS .
18. DISCLAIMER OF WARRANTIES
TCS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. TCS makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. TCS does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
You agree that You shall defend, indemnify, save and hold TCS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TCS, 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 You, Your agents, employees or assigns. You agree to defend, indemnify and hold harmless TCS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TCS; (2) any material supplied by You infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from TCS's server.
20. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY
This agreement shall be deemed entered into in the State of Nevada. Except for disputes concerning the user of a domain name registered with TCS, You agree that the laws and judicial decisions of Douglas County, Nevada, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Douglas County, Nevada.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
You agree that all notices (except for notices concerning breach of this Agreement) from TCS to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with TCS. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to TCS shall be made either by the Support System as defined on the TCS Web Site, or first class mail to TCS's address at:
Tahoe Creative Solutions, CORP, PO Box 982 Zephyr Cove NV 89448, USA
22. ENTIRE AGREEMENT
You agree that this Agreement including the policies and agreements it refers to (i.e. our Mail Policy, etc.) constitute the complete and only Agreement between You and TCS regarding the Services contemplated herein.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of TCS to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of TCS thereafter to enforce such provisions.
Last Revised: 10/28/13