Terms and Conditions
For use of any product or service under the names
Terms and Conditions Part 1
By using our products and services, you are agreeing to our terms and conditions.
The words "we / our / us" as it appears in this document refers to the owners and providers of software and hardware that comprise the products and services bought by you as a client and customer.
The words, "you / your / client / customer" refer to those who buy our products and services.
Our terms and conditions govern your use of our products and services. We do not accept any terms and/or conditions from our clients or customers. We reject any communication that contain terms and conditions intended for us by our clients. Only our terms and conditions apply.
We, at our total and sole discretion, may at any time without prior notice, alter, change, replace, delete, add new terms and conditions as they apply to our clients. By our clients continued use of our products and services, you are agreeing to all of our terms and conditions.
We own all content on our servers for publication purposes to the internet or intranet or in any other way or method. Clients who provide to us content are totally responsible for it's existence and effects. Clients will defend us from any liability or damages for publishing their content should claims arise from 3rd parties.
We do not guarantee or warranty any products or services we provide. We provide only "as is" and "as available" products and services. We are not responsible for any damages or losses from failures, down time, or any non-performance of our offerings. We will not provide any refunds or prorating because of downtime, failures of our products or services to work correctly.
We reserve the right to control client content. We may reject the publishing of any content for any reason. We reserve the right to cancel all service and products provided to you without notice. Clients may also cancel all services and products we provide at any time within the limitations outlined in any and all documents published on our sites or any of our communications in any form. When clients cancel their product or service we provide, there are no refunds or prorating for any funds already paid to us.
Our resources, products, and services are to be used by our clients for only legal purposes. You will defend and completely pay our costs in connection with our involvement if anything you are connected to is deemed to be illegal criminally or civilly. You will provide all funds necessary to us in order for us to defend ourselves from any civil or criminal lawsuits arising from your use of our products, services, or resources.
Using our resources improperly is not allowed. Hacking is forbidden even for test purposes. Hacking is any unauthorized attempt to gain entry into any of our resources that we did not agree for you to have.
We have the right to sue you or take any other legal remedies against you if you default adhering to any our Terms and Conditions and you agree to pay us all judgments, lawyer and court costs awarded to us from courts or other jurisdictions.
We provide our Products and Services in good faith and we expect that you will use our resources within the law at all times.
Part 2 of our Terms and Conditions
Our business relationship with our clients and customers function from month to month and automatically renew every month unless terminated by us or our clients. There are no contracts in place to force a business relationship longer than a calendar month. Each new month will automatically create a new one month continuation of business unless we or our customers or clients terminate the business relationship or payments are not made by due dates by our clients. All payments must be made in advance before 11:59:59PM on the last day of the month for the next months charges due.
We or our clients may cancel the business relationship at any time for any reason.
If our customers or clients terminate their business relationship mid month, there is no refund of any kind for services or products paid for. Any fees paid for yearly billed DNS service, domain name registration, or any other fixed yearly fees are not prorated for refund. All yearly fees paid are not refundable in whole or part.
Clients may pay monthly charges in advance for more than a month in advance but our terms and conditions continue to maintain month to month service. If a client or customer cancels our business relationship before all prepaid monthly billing is used, no refunds for unused months services will be made.
All customer and client software that is uploaded to us for loading on our servers, should be a copy of your site software. Once software is uploaded to us we will not download it back to you. You must keep a copy of your software for your future use.
All moneys due for products and services for a specific month must be paid to our payment processor, Pay Pal, the month before by 11:59:59 PM by the last day in the month. If the required payment is not made your service will be interrupted.
If there are service interruptions, or other service problems for any reason, there are no credits for outages.
We provide a premium service. We configure our servers, we maintain them, we monitor their operation, and provide other actions to make our services and products work. Clients cannot interact with software, hardware, or other functions remotely. There is no remote access to our data network or other components.
When a client uploads their web site folder to us, they are giving us total control to load, remove, archive, save, store this folder containing web pages on our servers. Database contents are considered to be part of your web site files.
We do not in any way configure site software itself as in the case of blogs, forums, or any kind of CMS or web application. You are responsible to configure, administer, monitor, and solve any needs or problems with web app software by using the administrative access from the internet or intranet.
Only publicly displayable data is allowed on our servers. Any data that would be considered as private or valuable must not be stored on our servers in any way. The purpose of a web server is to send files for public display in a browser. English is the only acceptable language to be displayed on web sites stored on our servers. Multiple language sites are not allowed even when one of the languages is English.
Our web servers are designed to only store data and web files necessary for the operation of the site. Our servers may not be used to store data that has nothing to do with the operation of your web site. Web sites are designed to disseminate web files not hide or store information that is not for publishing on the web.
We will not in any way be liable for any loss of your data, files, or other objects. We will not in any way be liable for any loses which you may incur from our business relationship. All products and services provided to you are on an "as is" basis with no warranty or guarantee for usefulness, fitness, or utility.
We reserve the right to monitor the content of any software or data that you and your site collect, process, or store.
We reserve the right to remove or to notify you to remove any web site content that we deem to be unsuitable for any reason.
Any use of our products or services for illegal purposes is prohibited. You agree not to encrypt data you have uploaded to our servers.
We use email and a ticket system for handling the reporting of problems, documenting actions, and notifying our clients of any information about solving a problem. Our ticket system is not to be used for general information requests. We use other means for general contact requests.
We provide a group of several kinds of data services and these terms and conditions apply to those other products and services also.
We backup our server software and data but that does not preclude the possible loss of some data. Some partial data may not be useful after backup, some data may not be restorable to a database, and some data may get corrupted during a backup or restore process. It is imperative that data with meaningful value not be handled on our servers. Our web publishing services are designed for the dissemination of information in web files that is easily replaced from other sources.
Special Terms and Conditions for Databases
Databases that become large are difficult to backup and generally manage. Most personal or small group web apps that use a database to save text do not have sophisticated database management capabilities. Archiving old data is a serious problem for most users because they don't have the skills to reduce database size by removing the achievable old data. We do not in any way process the contents of your database. We back up your database tables frequently and restore a backed up database when necessary. That is our total involvement with your database.
It is your responsibility to reduce the size of your database when we notify you that your database is nearing the practical limit. We suggest that you archive a current database by simply replacing the old site with a new site that has a clean database and keep the original site with its database as an archive site. You can change the name of the archived site to reflect its new role as an archive. We stress that this is the easiest way to archive a site and keep a new one as its replacement. This isn't the most ideal way to archive but it is the easiest for our clients since you don't have to do anything. We would add a duplicated site with a clean database. All charges will apply to the new site with a database as it were any other new site. You would have the cost of 2 sites if you kept both operating.
A database that gets beyond about 1 MB of text in size is the practical limit of an active blog or forum database. That does not sound like much but a Megabyte Word document would have the text of about 1000 pages. If you would want to manage this data yourself by moving older data to an archive database using administrative controls available from your internet browser, you would be required to obtain web site software that had suitable administrative controls for you to cut the database down and transfer it to an archive site. We do NOT do any kind of database management whatsoever. This is completely a client responsibility. If we have to move databases or add new empty ones, there would be a charge.
We are in no way responsible for any losses that may be caused by lost or corrupted data in any databases or for any data itself lost or corrupted. We allow only data to be saved that is conversational in nature and it must not have any inherent value. This kind of data should not be copyrightable.