Web Hosting Legal Terms & Conditions
Legal Terms Of Service
POLICY AND SERVICE GUIDELINES
TBwebworks, LLC will not distribute, sell, or lease any personal information collected on our web site or from our clients.
We request information from the user on our order form. Here a user must provide contact information (like name and email address) and financial information (like credit card number, expiration date, and billing address). This information is used for billing purposes and to fill customer orders. If we have trouble processing an order, this contact information is used to get in touch with the user. Demographic information (such as income level and gender), and unique identifiers (such as social security number), will not be asked for or collected.
We may at times partner with another company to provide specific services. Although these parties are not allowed to use personally identifiable information except for the purpose of providing these services, when the user signs up for these services, they will provide the necessary information at their own discretion. The user has the right to decline any additional services if they so wish.
We may use IP addresses and/or cookies to analyze trends and site statistics, and in the event that a party is attempting to abuse the site and/or services. IP addresses are not linked to personally identifiable information. A cookie is a piece of data stored on the users hard drive. Any cookies collected on our site do not retain any personal data and are strictly for our own use.
This web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.
Clients are subscribed to our newsletter for network updates and informational purposes and must keep a valid email address on file at all times.
This web site takes every precaution to protect our users information. When users submit sensitive information via the web site, your information is protected both on-line and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry – SSL and PGP.
While we use SSL and PGP encryption to protect sensitive information on-line, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Because of our automated processes we have very little need to access your billing information manually and the information remains encrypted and in a secure environment within a locked facility. On the rare occasion that this information must be accessed, only the billing department within a secured environment may do so.
If a users personally identifiable information changes (such as your address or zip code), or if a user no longer desires our service, we provide a way to correct, update or remove that users personal data provided to us. This can usually be done from within the client billing area.
30 Day Money Back Guarantee
Within the first 30 days from your hosting account sign up, if for any reason you are not completely satisfied with any of our services, you may cancel your account. We will refund your money for that month’s service, less the cost of the domain name registration or transferr fee if a domain name was registered or transferred. Please note that product set-up fees, additional add-on option fees, and domain name registration fees (if applicable) are non-refundable.
30 day money back guarantee does not apply to dedicated servers.
TERMS AND CONDITIONS
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. As such, any violation will result in immediate deactivation of services without refund.
Any site selling or promoting spam and/or bulk email services or software used for this purpose is not allowed.
Any account using, containing or storing software or scripts of these types will be terminated without notice or refund.We will be the sole arbiter as to what constitutes a violation of this provision.
All services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.
Web space used for the storage of data or information other than web related content is prohibited. The use of web space as a means for personal or commercial data storage or backups of any kind is not allowed, and will be removed without warning. In other words, disk storage is for your website/email purposes ONLY.
Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following may have limited traffic use unless other arrangements are approved by TBwebworks:
- Shareware, sound, video, image and multimedia archives
- Mirror sites
- Distribution points
- Any site whose primary purpose is file distribution
Overages will be charged per the “bandwidth” section below. Reseller account quotas does not include bandwidth or traffic of resold accounts (every account receives its own bandwidth/traffic quota), however the reseller will be charged for overages accumulated by resold accounts. The reseller is responsible for billing their own clients for this charge.
All accounts include ample bandwidth, however for a higher than normal traffic site it is important to pay attention to bandwidth quota notifications sent when approaching the quota limits. If you receive email notification that you are reaching your quota limit we advise you to contact our support department to purchase more bandwidth for your account BEFORE you reach your hosting plan limit. Unlike other hosting companies, we do not add and charge for bandwidth without your consent! All accounts have the option to upgrade to a plan better suited for their hosting needs, or purchase additional bandwidth (or disk space) at any time. Quota limits are reset on the 1st of each month. Additional bandwidth is billed at $1.00 per GB per month.
Any attempts to hack, undermine or cause harm to a server is strictly prohibited and will be subject to account shut down, a monetary fine and legal action. Period.
CGI and Other Scripts
Each account comes with its own cgi-bin. You are free to use almost any CGI script you wish, however we reserve the right to disable any CGI or other script that effects normal server operation or violates policy. Scripts or services which attempt to redirect domain names to sub-directories or pages within your account are not allowed.
Background Programs and Server Resources
Applications and scripts that run continually in the background taking up excessive server resources is a burden and effects ALL of the clients on that server. For this reason, we reserve the right to immediately disable without notice any application or script causing unacceptable server loads. You will be given opportunity after the fact to address and correct the issue by removing or replacing the offending application/script
Chat Rooms and IRC
Personal chat rooms and IRC are not allowed on the servers. Live chats for the purposes of business related customer service and customer support (such as LiveChat, PureChat, LiveAgent) are allowed.
We do not allow the operation of any type of web-based telnet applications on our servers. Any client’s account found in violation of this policy will immediately be terminated without notice.
Name Server Information
Name server information is for the use of our hosting and domain name registration clients only and can be found in the client’s account welcome letter or by contacting our support department.
TBwebworks, LLC and/or its affiliates maintains control and/or any ownership of any and all IP numbers and addresses that may be assigned to the client and in its sole discretion reserves the right to change or remove any and all IP numbers and addresses. When obtaining a service from TBwebworks, LLC the client does not purchase or lease any IP numbers used for their account.
Telnet and SSH
We do not permit telnet or SSH access to our servers. Telnet and/or SSH access is not included with any hosting plan. Most decent FTP software will allow you to handle file permission changes as needed and this also can be handled through the File Manager in the account Control Panel. If a need for a service that can only be handled by direct server access arises, our support department can review and handle these tasks if so warranted.
Incremental data backups (new or changed data) are made nightly, and full backups are made on a weekly basis. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content and any information collected. If loss of data occurs due to an error of TBwebworks, TBwebworks, LLC will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of the client or by any action of the client, TBwebworks, LLC will attempt to recover the data from the most recent archives for a $50.00 fee.
Billing and Payment Policies
All account contracts are set up on a pre-pay basis.
All payment thereafter is due on each anniversary date (monthly, quarterly, semi-annual or annual period) following the date the account was established. Billing notification is sent to clients via email 21 days in advance of the next billing date, the client is responsible for submitting payment no later than that date. Any account not brought current within 7 days of the first e-mail notification or exceeding this time frame in any way, including failure to update credit card information, is subject to suspension and/or termination without further notification or refund. Excessive late payments may result in additional charges.
Payment information can be updated via the client Nexus (billing area). https://tbwebworks.com/nexus
Account Setup fees, domain name registration fees (if applicable) and any charges incurred for major account changes are non-refundable. All pricing is guaranteed for the term of pre-payment. TBwebworks reserves the right to change prices at any time.
Bandwidth exceeding the amount included with any hosting package or it’s add on plans will be billed for additional bandwidth at $1.00 per GB.
We currently are accepting MasterCard, Visa, Novus/Discover, American Express, company checks and money orders – sorry, checks from banks outside of the United States of America are not accepted. A valid credit card must be kept on file for your account at all times.
Check payments, credit card authorizations and account verifications MUST be received by TBwebworks, LLC before an account can be set up and login information released.
The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies TBwebworks via our secured cancellation URL for a request for termination of services. Checks returned unpaid (NSF) will be assessed a $40 charge. All payment is in US currency.
Upgrades Upgrading accounts
Accounts can be added to or upgraded at any time from within the Client Nexus (billing area), or by contacting our support department.
When an account is upgraded the billing system credits your account with the unused portion of the current hosting plan then bills normally for the new plan making the new billing date the date that you’ve upgraded. The amount to be billed will be new plan fee minus the amount credited.
For Resellers, all resold accounts will be pro-rated to use the same monthly billing date, making it easier to keep track of when account payments are due.
Chargebacks are unnecessary unless fraud has been committed using your credit card. If you have questions about a charge that appears on your bill, you should always contact the merchant first to see if it legitimate BEFORE submitting a charge back request to your bank. Our telephone number should be listed along with our company name on your bank statement, and should read “TBwebworks, LLC”, but depending on the bank may say “TBwebworks.com”. If you are in doubt, call the number on your statement, or contact us by emailing our billing department.
In the event we receive a chargeback notification from our bank the domain in question will be suspended immediately for non-payment. A $50 re-activation fee will be assessed for any domain suspended due to a chargeback where legitimate fraud was not the reason for the chargeback.
Suspensions due to Non Payment.
Accounts suspended due to non payment must make payment before any account access or web accessibility is returned to the client. Accounts suspended for 5 days will be removed from the system. A $25 charge will be applied for account re-activation. To avoid this scenario, please be sure to read your invoice and keep your payment and contact information up to date. Any questions should be directed to our billing department.
Suspensions due to Policy Violations.
If an account is suspended or terminated due to policy violations NO access will be given to the account, and files will not be available for retrieval.
Customers may cancel accounts at any time before their next billing date arrives, but all cancellations MUST be done via our secured online form with the domain name and current valid login information of the account. The zip/postal code and last 4 credit card digits with expiration date of the billing information on file must be provided, or for check paying accounts, the check number used for last check payment made to TBwebworks, LLC and month/year the check was issued.
Deactivation will occur at the end of the current billing cycle per contract length of the account. Refunds will be made available only for accounts under the initial 30 day guarantee.
Domain name registration fees and one time set-up fees for any service are non refundable.
TBwebworks, LLC reserves the right to cancel service at any time. If cancellation is caused by customers violation of these policies, then no refund is due. REPEAT: If you have been deactivated due to policy violation then no refund is due.
TBwebworks will not discontinue the billing processes for any account unless proper cancellation notice has been received and will not refund any amount due to the lack of notification. You are responsible for any and all fees due until a proper cancellation notice has been received and acknowledged by TBwebworks, LLC. For security purposes, cancellations by phone or email will not be accepted.
Our secured online cancellation form is located here: https://tbwebworks.com/cancel/
Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion.
Limitation of Liability
TBwebworks, LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from TBwebworks servers going off-line or being unavailable for any reason whatsoever. Furthermore, TBwebworks, LLC 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 TBwebworks servers. TBwebworks, LLC reserves the right to change or update policies and guidelines at anytime without prior notice.