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Terms of Service 1. Acceptance of Terms All Telnap customers are subject to the following Terms of Service. (TOS) You can review our TOS at any time at: http://www.telnap.com/tos.htm. The TOS may be updated on occasion and the user is bound by all terms specified below as well as any subsequent additions. We reserve the right to immediately terminate any account that we deem to be infringing this terms of service agreement. The subscriber will not be refunded if you do not follow the guidelines of this TOS. We also reserve the right to change these terms of service in any way without notice. 2. Description of Services Telnap and its' affiliates provide users with many services and features. Any new features that enhance the current services shall be subject to the TOS. You understand and agree that Telnap assumes no responsibility for the use and implementation of services it provides. 3. Orders Telnap Internet Services has the right to verify all orders and cancel orders, albeit by first refunding, any order it deems that are not valid or are going to break this TOS. Telnap Internet Services also has the right to deny service to any user without reason whether the user is a current client or a prospective client. If service is denied to a current user Telnap Internet Services will allow 72 hours for the client to find a new hosting provider. 4. Registration All users of our services must agree to provide accurate information when registering for our services. Any information that is submitted by the user is held private and will not be sold or given out under any circumstances unless we have permission to do so from the users themselves. 5. Acceptable Content Telnap believes strongly in open source media, copyright laws and all creative processes. However, we DO NOT allow any sites that use our services for warez, unauthorized mp3s or other media, pornography, racist or sexist material, etc. Any account found in violation of these terms will be contacted by a Telnap administrator and asked to remove any suggestive content. Failure to comply will result in the termination and/or lockout of the account without any refund or retrieval of content. We do not allow programs/scripts that use excessive resources on our shared servers to ensure optimum system performance like background running processes, IRC bots, eggdrops, BitchX, etc. Also any site receiving excessive hits, which in turn uses up an excessive amount of resources will be suspended without refund. We also reserve the right to charge the client $100 /hr in repair fees for investigating the downtime and correcting the issue, even if that involves suspending the clients domain. Telnap does NOT TOLORATE SPAM. If a subscriber has been determined to be spamming they will be billed a 100 dollar minimum investigation fee, and 100 dollars per hour spent cleaning up the residue left behind from the SPAM attack. The offending account will also be terminated without any refund. On Denial of Service attacks it is our policy to lock down the account that is causing the problem and will be subject to a review by our staff. Most often these attacks are not intentional but are caused by things such as poor coding. Nevertheless we will keep your account locked until we feel the situation is stabilized, at which time we will contact you with questions and instructions 6. User Content Any content including text articles, tutorials, images, software, etc or any syndicated content for public display is wholly owned and copyrighted by its respective owner. Telnap does not claim any rights of ownership over this content unless otherwise specified. 7. Third Party Content Telnap services may include third party advertisements, links, software, graphics, templates and scripts. Telnap assumes no responsibility for the use and implementation of these. Telnap does not require its own or any third party advertising on accounts. 8 Plan Changes The subscriber can upgrade their plans by contacting the billing department, free of charge. Any downgrades are subject to a $7.50 one time fee. Existing clients cannot upgrade to special offer plans, only to plans offered at standard pricing. However, if the customer purchased his plan during a promotion he can upgrade to another promotion plan if that plan was offered at the time of the subscriber's account creation. 9. Indemnity The subscriber agrees to indemnify and hold Telnap, and its subsidiaries, affiliates and administrators harmless from any claim or demand made by any third party due to or arising out of content you submit, post, transmit or make available through the our service. 10. Proprietary Rights The subscriber agrees not to reproduce, duplicate, copy or exploit for any purposes, any portion of Telnap unless prior approval is given by an administrator of Telnap. 11. Uptime Guarantee Telnap Internet Services provides a 99.5% uptime guarantee. If the server uptime is lower than 99.5% 5% of your monthly fee for every additional hour of downtime. If the downtime goes under 98% your month will refunded in its entirety. This uptime guarantee is only in effect if the problem causing the downtime is fixable and was preventable by Telnap. If there is a fatal server error, which causes a massive amount of downtime Telnap Internet Services will issue refunds at its discretion. Telnap Internet Services uses a 3rd party monitoring system to measure server uptime. All refunds will be issued based on what the 3rd party monitoring reports the monthly uptime to be. All servers are monitored on 5 minute intervals, and clients are free to dispute Telnap's uptime records if they have their own 3rd party data to present. 12. Payment Payments are collected either through paypal subscriptions or 2checkout automated subscriptions, are billed automatically each month. If this subscription is unable to collect money due to lack of funds the subscriber may be charged a $10 reactivation fee. All payments must be successfully completed 5 days from due date or else account may be suspended. A cancellation of a PayPal subscription by the client will be taken as a request to cancel the hosting account and the account will be terminate 5 days after the cancellation notice is received. Should a client cancel a subscription and need to recreate it there is a one time $5.00 charge. 13. Refunds We offer a 10 day money back guarantee on all new orders. Subscribers who pay monthly and wish to cancel in the middle of a month will not be issued refunds. Subscribers who prepaid yearly will be refunded the rest of their unused prepaid term, minus a one month penalty charge, if they choose to cancel. Any Byte Special plans are non-refundable. Cancellation notice must be presented 7 days before the end of the billing term or else the customer will be forced to pay for the next term. A former customer will still be treated as a subscriber for 6 months after they cancel, in regards to any plan policies. 14. Support Telnap Internet Services provides support to its direct customers only, via it's helpdesk. If a user has a reseller account they are free to resell their hosting space, at no additional charge, however Telnap will only support its customers, not the customers of the reseller. 15. Resellers Users owning reseller accounts, and only reseller accounts, are allowed to resell sub-accounts (shared cPanel accounts), they cannot, however, reseller their whole reseller account. All clients of resellers are subject the same terms laid out in this terms of service as well as any presented to them by the reseller, if any. Excessive processor usage will be judged on the reseller's account and all its clients combined. Telnap Internet Services has the right to deny service or recommend other solutions to those who use excessive usage as illustrated above whether the reseller himself uses the usage or a client of his. If service is denied to a current user Telnap Internet Services will allow 72 hours for the client to find a new hosting provider. 16. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS YOUR SOLE RESPONSIBILITY. TELNAP PROVIDES BACKUPS, BUT THEY SHOULD NOT BE CONSIDERED YOUR PRIMARY MEANS OF BACKUP, AND WE CANNOT BE HELD RESPONSIBLE FOR THEIR FAILURE. ALSO, WE CANNOT BE HELD RESPONSIBLE FOR LOST DATA SHOULD A CATASTROPHIC SERVER FAILURE OCCUR.
TELNAP PROVIDES BACKUP UTILITIES FROM THE ACCOUNT CONTROL PANEL. 17. Copyrights All graphics, logos, text, articles, scripts, etc. are the sole property of Telnap and its affiliates and are protected by U.S. and international copyright laws unless otherwise stated. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Telnap at: abuse@telnap.com.
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