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Twin Pines Technologies
referred hereinafter as 'Twin Pines Technologies', 'our', 'we'
and 'us.'
All accounts on our web servers, including
reseller and resold accounts, are subject to the terms and conditions
described in this document. Under the terms of this agreement,
your placement of information on our servers is an acknowledgement
that you have read, understand, and agree to be bound by terms
and conditions below.
We reserve the right to change this policy
at any time without prior notification. We encourage you to
check here on a regular basis. If you have any questions about
our usage policy please contact support@twinpineshosting.com
User Conduct
Our services may only be used for lawful purposes
- any use of these services which violates any laws which may
apply to Twin Pines Technologies, your local jurisdiction, or
any jurisdiction that you or your site may be subject to is
strictly prohibited, it is your responsibility to be aware of
the laws in both the jurisdiction of where our servers are located
(New Jersey, United Sates of America) and your local jurisdiction.
In particular, while using our services you
may not:
- Post
or transmit any unlawful, threatening, abusive, defamatory,
obscene, libellous, offensive, pornographic, indecent, profane,
or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offence, give rise
to civil liability, or otherwise violate any law.
- Restrict
or inhibit any other user from using and enjoying the Internet.
Twin Pines Technologies reserves to the right to the final
decision on what constitutes abuse.
Resource
Usage, Adult-Oriented Sites
Users may
not do the following on our servers:
- Run
any process that over uses the resources of the server.
- Run
any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
- Run
stand-alone, unattended server-side processes at any point
in time on the server. This includes all daemons, such as
IRCD.
- Run
any IRC software or any software which connects to an IRC
network.
- Run
any site with adult-oriented content (pornographic material)
if you are unsure as to what constitutes Adult material please
email support@twinpineshosting.com
Account Violations
We take
a zero tolerance stance against any of the following activities:
- Spam
Policy: Sending of unsolicited e-mail, commonly known as spam.
Any domain which sends out spam will have their account terminated.
- Denial
of Service Attack Policy: Any account launching a Denial of
Service from our server(s) against any other server will be
terminated without prior notice.
- Server
Exploiting Policy: Any account who is attempting or has attempted
to successfully or unsuccessfully exploit any of the server's
services, including but not limited to the http server or
ssh server, or attempting to gain root access will have their
account terminated without notice.
Twin Pines Technologies reserves the right to require changes
or disable as necessary any web site, account, database, or
other component that does not comply with this policy. Twin
Pines Technologies also reserves the right to make any such
modifications in an emergency at our sole discretion.
Indemnification
You agree
to indemnify, defend, and hold harmless Twin Pines Technologies
from any and all liability, penalties, losses, damages, costs,
expenses, attorneys' fees, causes of action or claims caused
by or resulting indirectly from your use of the service which
damages either you, Twin Pines Technologies, or any other party
or parties without limitation or exception.
No
warranties
Twin Pines
Technologies makes no warranties or representations of any kind
for the services being offered. The service is provided on an
"as is" and "as available" basis without
warranties of any kind, either express or implied, including
but not limited to warranties of title, non-infringement, or
implied warranties of merchantability or fitness for a particular
purpose. No advice or information given by Twin Pines Technologies
or its agents or employees shall create a warranty. Under no
circumstances shall Twin Pines Technologies be liable for any
direct, indirect, special, punitive, or consequential damages
that result in any way from your use of or inability to use
the service, or for third parties' use of the service to access
your Web space, or to access the Internet or any part thereof,
or your or any third parties' reliance on or use of information,
services, or merchandise provided on or through the service,
or that result from mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation or transmission,
or any failure of performance.
You understand
that by placing information on Twin Pines Technologies's servers
that such information becomes available to all Internet users
and that Twin Pines Technologies has no way of limiting or restricting
access to such information or protecting such information from
copyright infringement. You assume total responsibility and
risk for your use of Twin Pines Technologies' servers and the
Internet. It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, services
and other information, and the quality and merchantability of
all merchandise provided through Twin Pines Technologies or
on the Internet generally.
Your use
of the service is at your sole risk. Twin Pines Technologies
is not responsible for files and 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 Twin Pines Technologies servers.
You agree
not to interfere with the operation of the system. You further
agree not to interfere with the proper operation of other systems
reachable through the Internet, including any attempt at unauthorized
access. You agree to adhere to system policies as published
by Twin Pines Technologies, including restrictions on services
available with each service type, restrictions on certain features,
and all other policies. You agree to abide by any and all future
Twin Pines Technologies policy decisions.
Sharing of account space & resale restrictions
You agree
and understand that the account you purchase is purchased for
yourself. You are not permitted to resell your account, or any
portion thereof.
Payment
& Other Information
You agree
to supply appropriate payment for the services received from
Twin Pines Technologies, in advance of the time period during
which such services are provided. You agree that until and unless
you notify Twin Pines Technologies of your desire to cancel
any or all services received, those services will be billed
on a recurring basis.
Agreement
Acknowledgement
This agreement
supersedes any written, electronic, or oral communication you
may have had with Twin Pines Technologies or any agent or representative
thereof, and constitutes the complete and total agreement between
the parties. Should any provision of this agreement is determined
to be invalid or unenforceable, all other provisions shall remain
in full force and effect and said provision shall be reformed
only to the extent necessary to make it enforceable.
By placing
and continuing to maintain or place information on Twin Pines
Technologies' servers you are stating and acknowledging that
you have read the aforementioned terms and conditions and that
you understand such terms and conditions and agree to be bound
by them.
Backups
Full backups are made daily. No guarantees are made as to the
integrity of these backups. It is the clients responsibility
to maintain local copies of their web content and information.
Money
Back Guarantee
Each hosting
plan includes a full 7-days money back guarantee.
If you
are not completely satisfied with our services within the refund
time period of 7 days, you will be given a full refund of all
fees paid to Twin Pines Technologies. No refund is available
after that period.
Accounts
cancelled/terminated by Twin Pines Technologies for violating
our Acceptable Usage Policy do not qualify for the 7-day money
back guarantee. Only first-time accounts are eligible for a
refund. For example, if you've had an account with us before,
cancelled and signed up again, you will not be eligible for
a refund.
Uptime
Guarantee
Twin Pines
Technologies guarantees an uptime of 99.5% in any calendar month.
Should we not reach this we will credit your account with 25%
of your monthly fee, upon receipt of a refund request. This
uptime guarantee covers unexpected outages caused by server
and/or network failure only. Scheduled downtime, network latency,
and problems arising from failures on the internet backbone
and peering providers are not included.
Cancellation
Policy
Account
can be cancelled at any time. All cancellation requests must
be submitted by emailing support@twinpineshosting.com by the
person listed as the main account contact. While there are no
cancellation fees, you must cancel prior to your next billing
cycle. Payments made up to your cancellation date are not refundable
unless you are cancelling within our 7-days money guarantee
period. You must include your account username and password
for verification.
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