TBWebServices agrees to provide the client
web hosting for a monthly/annual fee. TBWebServices will never require
clients to advertise for TBWebServices on their website in any way
shape or form unless agreed upon such as a non-profit organization
receiving complimentary hosting. Clients are allowed to use the
service for business/commercial or personal websites or content.
Content:
All services provided by TB Web Services may
be used for lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any United
States (or any other country) law is prohibited. This includes,
but is not limited to: copyrighted material, material that is threatening
or obscene, material that is "adult only" content, or
material protected by trade secrets and other statue. The subscriber
agrees to indemnify and hold harmless TB Web Services from any claims
resulting from the use of the service which damages the subscriber
or any other party.
Adult Content:
Pornography and sex-related merchandising are
prohibited on any server. This includes sexual content, or direct
links to adult content elsewhere. This is also true for sites that
promote any illegal activity or content that may be damaging to
our servers or any other server on the Internet. Links to such materials
are also prohibited. TB Web Services will be the sole arbiter as
to what constitutes a violation of this provision.
Examples of non-acceptable content or links:
- Pirated software
- Hacking programs or archives
- Warez Sites
- Porn
- Spamming Software
Background-running Programs:
We do not allow background-running programs.
This includes any IRC related software such as bouncers and bots.
In certain cases we may allow programs to run continually in the
background, these are considered on a one to one basis and an extra
charge will be incurred based on system resources used and operational
maintenance needed.
Banned Scripts:
You are free to use any scripts you wish provided
they do not affect the normal operations of the server and they
are not mentioned specifically below. Scripts that are commonly
known for causing server disruption include large cgi-based message
forums, auctions, and banner exchanges. In the event a script affects
normal server and/or administrative operations, TB Web Services
reserves the right to disable the account pending client cooperation
and resolution.
Scripts we do not allow include:
- Chat servers/scripts of any kind are strictly
prohibited.
- Formmail is not allowed on our servers.
You can use formmail scripts but they must be
up-to-date and not running with the filename "formmail".
Any files named "formmail" will be deleted without notice.
Distribution and/or Transmission of Obscene
or Indecent Speech or Materials:
Violation of indecency and obscenity laws can
result in criminal penalties.
Intellectual Property Rights:
Material accessible to you through TB Web Services's
Services may be subject to protection under United Kingdom (or any
other country) copyright laws, or laws protecting trademarks, trade
secrets or proprietary information. Except when expressly permitted
by the owner of such rights, you must not use the TB Web Services
Service in a manner that would infringe, violate, dilute or misappropriate
any such rights, with respect to any material, which you access
or receive through the TB Web Services Network. If you use a domain
name in connection with the TB Web Services Service or similar service,
you must not use that domain name in violation of any trademark,
service mark, or similar rights of any third party.
Network Security:
Customers may not use the TB Web Services Network
with an attempt to circumvent user authentication or security of
any host, network, or account. This includes, but is not limited
to, accessing data not intended for the customer, logging into a
server or account the customer is not expressly authorized to access,
password cracking, probing the security of other networks in search
of weakness, or violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any user,
host, or network. This includes, but is not limited to, flooding,
mail bombing, or other deliberate attempts to overload or crash
a host or network. TB Web Services will cooperate fully with investigations
of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation
of suspected criminal violations. Users who violate system or network
security may incur criminal or civil liability.
Defamation:
Defamatory speech distributed over the Internet
can result in civil liability for the defamer.
Refusal of Service:
TB Web Services reserves the right at its sole
discretion to refuse or cancel service. Violation of any of TB Web
Services's Rules and Regulations could result in a warning, suspension,
or possible account termination. Accounts terminated due to policy
violations will not be refunded. Free domains which have been granted
for customers paying annually are released to the customer at the
end of there hosting period. Domains terminated due to policy violations
will not be released to the customer.
Spam Or Unsolicited E-Mail:
You must not use the TB Web Services Network,
TB Web Services equipment or any TB Web Services email address in
connection with the transmission of spam, flames, mail bombs, or
substantially similar, unsolicited email messages. Your domain may
not be referenced as originator, intermediary, or reply-to address
in any of the above. This prohibition extends to the sending of
unsolicited mass mailings from another service that in any way implicates
the use of the TB Web Services Network, TB Web Services equipment
or any TB Web Services email address. A message is considered unsolicited
if it is posted in violation of a newsgroup charter or if it is
sent to a recipient who has not requested or invited the message.
For purposes of this provision, merely making one's email address
accessible to the public will not constitute a request or invitation
to receive messages.
If you are found to have spammed, TB Web Services
reserves the right to disable your domain without warning. In addition,
TB Web Services may impose a $400 penalty for each spam policy violation.
TB Web Services solely reserves the right to refuse or cancel service
to known spammers. Lastly, TB Web Services reserves the right to
determine what violates this policy. As such, any violation may
result in cancellation of services without refund.
Abuse:
Any attempts to undermine, slander, libel,
threaten, or cause harm to a TB Web Services server, customer, employee,
or the company directly is strictly prohibited and is grounds for
immediate termination without refund. In addition, we will pursue
all attempts to the fullest extent of the law.
Indemnification:
Customer agrees that it shall defend, indemnify,
save and hold TB Web Services (or it's employee's/owners) harmless
from any and all demands, liabilities, losses, costs and claims,
including reasonable legal fees asserted against TB Web Services,
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 customer, it's agents, employees
or assigns. Customer agrees to defend, indemnify and hold harmless
TB Web Services against liabilities arising out of; (1) any injury
to person or property caused by any products sold or otherwise distributed
in connection with TB Web Services server; (2) any material supplied
by customer infringing or allegedly infringing on the proprietary
rights of a third party and (3) copyright infringement. Customer
agrees to limit the liability of TB Web Services to the amount paid
for service.
Dedicated Servers:
There is an additional TOS agreement which
applies to dedicated server customers and can be found HERE.
Free Domain Offer:
When this offer is being run and you have a
valid promo code:
The terms & conditions for our free domain name offer are plain
and simple. We will register the domain name for 1 year (2 years
for .uk domains) on your behalf. All we ask is that you stay hosting
with us for a minimum of 3 months. If you decide to leave before
3 months and you want to take the domain with you we will only release
it once you have paid our normal domain registration fee. If you
stay for 3 months or longer and then decide to leave you are free
to take the domain at no charge.
Refunds Policy:
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.
All domain registration fees are non-refundable,
in whole or in part, even if your domain name registration is suspended,
cancelled or transferred prior to the end of your then current registration
term.
We do not offer any kind of "money back"
guarantee.
Disclaimer:
TB Web Services will not be responsible for
any damages your business may suffer. TB Web Services makes no warranties
of any kind, expressed or implied for services we provide. TB Web
Services disclaims any warranty or merchantability or fitness for
a particular purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service
interruptions caused by TB Web Services and its employees. TB Web
Services makes no "uptime" guarantees.
TB Web Services keeps backups of key server systems
only and these backups are not available for customer use. TB Web
Services can accept no responsibility for any loss of data or consequences
arising from this. TB Web Services always advises clients to back
up their site data regularly for their own protection.
TB Web Services furthermore expects that its customers
who provide hosting services (resellers) to others will ensure its
customers fully comply with all applicable laws concerning the privacy
of online communications and any other policy of TB Web Services.
A customer's failure to comply with those laws will violate this
policy.
If a customer provides hosting services (resellers)
to others and decides to cancel their reseller hosting account with
TB Web Services then TB Web Services will not be responsible for
maintaining hosting for the resellers customers.
All communications (emails, verbal or written) are
between TB Web Services and the client. These communications are
private and are therefore not to be shared with any other parties.
Finally, TB Web Services wishes to emphasize that
in accepting services, customers indemnify TB Web Services for the
violation of any law or TB Web Services policy, that results in
loss to TB Web Services or the bringing of any claim against TB
Web Services. This means that if TB Web Services is sued because
of activities of the customer that violate any law, or this policy,
the customer will pay any damages awarded against TB Web Services,
plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result
in grounds for immediate account deactivation.
TB Web Services reserves the right to change, edit, or update the
policies contained in this document at any time for any reason without
notice.