This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, E-Commerce and other Internet-related services (herein after referred to as “Services”) provided by Turnkey Web Hosting, a subsidiary of Turnkey Web Tools (herein after referred to as “TWT”). As used in this Agreement “Client”, “you”, or “your” means you. By clicking on the “Process Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the TWT site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “TWT Site” refers to the Site located at the URL http://www.turnkeywebhosting.com, or any other successor Sites owned or maintained by TWT.
1. APPROPRIATE USE OF THE SERVICES:
TWT provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any TWT server in connection with Client’s use of the Services which:
Bandwidth. Client may occupy only the amount of disk space on the TWT server and utilize no more than the network bandwidth that is allotted by TWT. Additional fees, specified in the Hosting Plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
No “SPAM”. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at TWT, or otherwise, that mentions or reference any domain hosted on TWT servers or parked on TWT DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our SPAM Policy).
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Back-Up Files. Client will have the ability to backup and reinstate files at their own discretion; however, TWT does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel.
Termination. TWT reserves the right to refuse service to anyone. TWT, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact firstname.lastname@example.org.
2. PAYMENT OBLIGATIONS:
Service Fees. All charges payable by Clients for the Services shall be in accordance with the scale of charges and rates published by TWT and shall be due and payable in advance. TWT reserves the right to change pricing at any time although all pricing is guaranteed for the period of pre payment. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. When an invoice is delivered to Client, Client shall remit payment to TWT by no later than 7 days after the specified payment due date. TWT shall be entitled to immediately terminate this Agreement for Client’s failure to make timely payments to TWT. All payments must be in US Dollars.
3. CLIENT LIABILITY AND INDEMNIFICATION:
The parties agree that in no event shall TWT be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless TWT from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT:
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received with seven (7) days prior notice of the next payment date. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. TWT does not offer refunds or partial refunds on pre paid hosting fees beyond the offered 14-day money back guarantee which begins on the date of signup. Sections 3 – 8 shall survive termination or expiration of this Agreement.
If Client terminates its account, Client shall be allowed to re-instate Client’s use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client’s account. Once payment has been received, Client’s account will be activated within Forty-Eight (48) business hours. TWT will maintain an archival copy of Client’s Web site for Seven (7) days after TWT receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.
Client will pay and indemnify and hold TWT harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY:
THE SERVICES, THE TWT SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE TWT SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. TWT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TWT SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY:
IN NO EVENT SHALL TWT BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE TWT SITE OR ANY TWT PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL TWT CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN TWO HUNDRED DOLLARS ($200 US).
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) 15 business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to TWT:
Turnkey Web Tools, Inc.
27890 Clinton Keith Rd, Suite D-466
Murrieta, CA 92562
This License Agreement shall be construed, interpreted and governed by the laws of the State of California without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in Murrieta, California, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. If a court of competent jurisdiction finds any part of this License Agreement invalid or unenforceable, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.