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Tsunami PC Productions Terms of Service

Last Updated: 3/1/15


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General
An overview of general policies applicable for all clients.

Common Definitions
Definitions for commonly used words and industry phrases commonly found throughout our terms of service and policies.

Development Services Terms of Service
Applicable to all clients who order website development work.

E-Commerce Services Terms of Service
Applicable to all clients who order oscommerce related services.

Subscription Terms of Service
Applicable to all clients who order any hosting, marketing or other subscription services.

Hosting Terms of Service
The Hosting Terms of Service applies to all Shared & Dedicated Hosting clients.

Hosting Service Level Agreement (SLA)
Service Provider provides a Service Level Agreement (SLA) to our Shared & Dedicated hosting clients that includes Hardware Replacement and Network Uptime guarantees.

Guaranteed Top 10 Rankings Terms of Service
Applicable to clients who subscribe to our search engine rankings plans.

Domain Name Services
Our policies related to domain registration / renewal / or transfers.

Privacy Policy
We recognize that privacy is important. This section outlines the types of personal information we receive and collect when you use our services, as well as some of the steps we take to safeguard information.

Billing Policies
This lists our billing related policies including payment, pricing, refund policies and is applicable to all clients.

Legal Policies
This lists our legal related policies including copyright infringement policy, lawful purpose, indemnification, disclaimer and is applicable to all clients.

 

General
The terms and policies stated hereinafter are subject to change without any prior notification. These Terms of Service are a legally binding contract between the Client and Service Provider. If you visit this web site, or contract Service Provider for any services, you accept all terms stated below. If any of these terms of service shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Anything not listed within is open to interpretation and change by Service Provider without prior notice.

By ordering services from Tsunami PC Productions, you agree that you have fully read, understand, and shall abide by the following terms and policies. This agreement is made between Tsunami PC Productions (hereinafter "Service Provider" or "us" ), and the customer (hereinafter "Client" or "you" ) and its authorized representatives (hereinafter "Client" or "you"), for the life of services. Service Provider reserves the right to terminate accounts / subscriptions without prior notification for any Client determined to be in breach of the terms stated herein.

ELECTRONIC COMMUNICATIONS:
When you visit www.pc-productions.net or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. Client agrees that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LICENSE AND SITE ACCESS:
Service Provider grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Service Provider. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Service Provider. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Service Provider and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Service Provider name or trademarks without the express written consent of Service Provider. Any unauthorized use terminates the permission or license granted by Service Provider. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Service Provider so long as the link does not portray Service Provider, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Service Provider logo or other proprietary graphic or trademark as part of the link without express written permission.

SERVICE / PRODUCT DESCRIPTIONS & PRICING:
Service Provider and its associates attempt to be as accurate as possible. However, Service Provider does not warrant that service descriptions or other content of this site is accurate, complete, current, or error-free. Please contact us before ordering services with any questions or to verify accuracy and current pricing.


Common Definitions
The following definitions are words and phrases commonly found throughout these Terms of Service and contracts for all services. By visiting this web site and contracting Service Provider for any services, and continuing to use said services or an end product created by these services, Client agrees that they have fully read and understand these definitions.

1. Web site:
Defined as a single or set of electronic documents / interconnected webpages, usually including a homepage, generally located on the same server, and prepared and maintained as a collection of information by a person, group, or organization.

2. Web site content:
Defined as any text, photos, graphics, logos, or any other electronic files that compose a web page document.

3. Web site assets:
For purposes of these terms of service, this shall refer to the completed task(s) or asset(s) as it relates to the completion of a web development services project. The 'web site assets' as a whole shall consist of, but not limited to: logo, web site design, database application, web site content, stock photography, computer programming code, and electronic files / documents (i.e. pdf documents).

4. Programming:
Defined as a complex vocabulary and set of rules for instructing a computer to perform specific tasks. As it relates to the development of a web site, or components of a web site, and hereinafter referred to as "programming" this includes: coding languages (.html, .php, .asp, .cfm, .net, .aspx or variations of the same), database design, or database applications.

5. Web Hosting / web site hosting:
A web hosting service is a type of Internet hosting service that allows individuals and organizations to provide their own web sites accessible via the World Wide Web. Web hosts are companies that provide space on a server they own for use by their clients.

6. Domain Name:
Also referred to as a URL (universal resource locator), this refers to a name that is entered into a computer (e.g. as part of a Web site or other URL, or an e-mail address) then looked up in the global Domain Name System (DNS) which informs the computer of the IP address(es) assigned to that name.

7. Drafts:
Commonly referred to as design specs, or blueprints, and commonly associated with graphical web site design or logo design. 'Drafts' are provided to the client for approval via e-mail or other visual communication tools. This relates only to client's that have purchased these services.

8. Web Site Updates / Revisions:
Defined as updates, changes, or revisions to an existing web site and encompasses all web site assets.

9. Project:
Defined as a general term used to describe all contract services listed within a quote or service contract given to a Client and to be performed by the Service Provider.


Development Services Terms of Service
The following shall be herein referred to as "development services":

  • Web site design services
  • Web site development services
  • Web site updates
  • Logo design services
  • Programming services
  • Database application design
  • Consulting services
  • Copy writing services

The following terms of service are applicable to all development services between the Service Provider and Client.

CLIENT LOGINS:
In order to provide development services, Clients may be required to provide Service Provider with various logins. This includes, but is not limited to: web site hosting FTP logins, control panel logins, database logins, and domain account logins. In most cases, development work cannot progress without these logins, and as such Client understands and agrees to provide these logins to Service Provider.

WEB SITE BACKUPS:
When you hire Service Provider for development services, it is the responsibility of the client to backup any and all data, graphics, text information, or pages that can be defined as 'web site assets', from their current web site to a secondary computer. The client authorizes Service Provider the right to delete all current graphics, photos, text, or web pages as needed in order to complete the requested revisions.

The client fully agrees to this and releases Service Provider from any and all liability, loss of income, and overall legal actions as a result of lack of action by the client to make copies of all related materials by means of electronic storage. Simply stated, it is the customer's responsibility to have a full backup of their web site.

WEB SITE ASSETS:
Client will provide all owned or licensed materials necessary to allow Service Provider to perform the Services, including, but not limited to, text, photographs, video, audio, copy, trademarks, artwork, and logos (hereinafter “Client Materials”). Client agrees to allow Service Provider to make changes or alterations to Client Materials solely for the purpose of performing the Services hereunder. Client assumes all liability for all Client Materials it provides for use in or in connection with the Services provided under this Agreement.

WEB SITE DESIGN / LOGO DESIGN:
Based upon the information supplied by the client, Service Provider shall provide up to the agreed upon number of design drafts listed in the service contract for the new web site or logo. Once approved, these design drafts will be used as the blueprint for final production of the look and feel of the client's web site or logo. These designs shall be based upon the feedback provided by the client, so it is important for you to provide as much detail as possible prior to beginning design work including: preferred colors, examples of other websites / logos with specific notes on what you like / dislike about them, and any additional information relevant to the design.

All design drafts include one free revision. If, after client has reviewed any web site design drafts – but BEFORE any fully functional pages are created – you don’t like it, Service Provider will revise the web site design draft once for no extra cost. Any additional requested revisions by the client, or unique drafts, will be subject to additional fees.

REFUND POLICY:
If within 14 days from project start client is not satisfied with services and wish to cancel, client shall receive a refund for any uncompleted work and services. No refunds are given for completed work, nor on set-up fees. Completed work shall be determined by comparing the completed work assets against each item listed within the service contract. No refunds are given after 30 days from start of project. No refunds are offered on any subscription service. This includes but is not limited to: domain registration, SSL certificates, hosting subscriptions, search engine submission, search engine ranking reports, and guaranteed top 10 rankings. Any refunds due shall be sent via a check or refunded back to your credit card on file, based upon your original payment method, within 14-30 days unless otherwise indicated.

CANCELLATION OPTION:
If at any time during project development the client is unsatisfied with the work progress or resulting work, they may opt to cancel this contract within one week prior to next anniversary date and owe nothing else. In that event Service Provider shall finish out the current month of work, then all work assets shall be turned over to the client within one week, with a detailed summary of where work was left off, and we shall gladly answer any initial questions presented by our replacement web development company to assist them in continuing with this project as timely as possible.

3RD PARTY SOFTWARE:
In order to meet client requirements and accomodate clients with the best possible solutions, sometimes 3rd party software & script libraries are necessary to be used during website development. 3rd party software is defined as, but not limited to, any software platforms, public open source / free to use script libraries, payment / shipping modules that were authored by a third party company, and may require connectivity to a 3rd party server for data. Examples include: payment / gateway API modules, shipping modules (for real time quotes), map scripts (i.e. google maps), product feed systems (i.e. google shopping), forums, blog software (i.e. Word Press), content management systems (i.e. joomla), open source / free scripting libraries (i.e. JQUERY, JQUERY UI, VIDEO.JS, etc.) and ecommerce systems. Service provider shall warranty that any pieces of your website that utilize such 3rd party pieces shall work 100% at that time, but makes no warranties of any changes by the author or new browser version incompatibility issues that are introduced after completion. With the exception of any custom programming done by Service Provider to 3rd party software, Client agrees that Service Provider is not responsible for any bugs or functionality issues on a website caused by any 3rd party software that may arise after completion of website updates including but not limited to a) changing up connectivity rules that require new updates to function properly again b) having inaccurate development documentation provided by Client or 3rd party software author c) terminating a service that requires replacement by another provider d) change to fees they may charge, e) inherent bugs created by said 3rd party software authors, f) discontinuation of supporting a plugin / library / changing up the API methods used by original author that creates errors in your site, or g) incompatibility issues with newer browser version releases. By requesting / approving & using such 3rd party services, Client acknowledges and fully understands that such issues are not covered under Warranty and correction of any issues caused by 3rd party service provider, may be subject to additional billable work. In such an event Clients are asked to send us an email report of issues in question, we will research said items, then report back with either a resolution, billable options to resolve, or may defer Client to 3rd party vendor to seek resolution.

CONFIDENTIALITY:
Each party acknowledges that it will have access to certain confidential information of the other party. Confidential Information includes but is not limited to financial information, asset information, technical data, marketing strategies, research information, business plans, business strategies, computer programs, technology, copyrighted works, trade secrets, customer information, or any information contained within this service contract. Each party agrees that is will not use in any way, directly or indirectly, for its own account or the account of any third party, any of the other party's confidential information, except a expressly permitted by or required to achieve the purposes of this Agreement. Each party will keep all Confidential Information strictly confidential and will not disclose, distribute, or disseminate any Confidential Information to any third party, except to the party's attorneys, accountants or financial advisors. Each party will be responsible for any breach of this Agreement by its agents, representatives or employees.

WARRANTY:
Service Provider includes a full warranty on all custom programming work authored by us and agrees to resolve any written letter or email, defined as programming errors or items which prevent the client web site from functioning properly, and agree
to remedy those reported bugs at no extra cost during regular business hours at a scheduled date provided by Service Provider. Any requested programming support outside of normal business hours, is subject to additional billable time. This warranty excludes (a) errors caused due to the Client moving web site to a different web hosting environment other than the one the web site was originally created on (b) errors caused due to Client or their a 3rd party programmer modifying content within the pages producing an error(s) (c) errors caused due to corruption of files caused by any means whereby files are uneditable without a complete rebuild. Furthermore as is the nature of computer programming technology known to be constantly changing, this warranty does not guarantee that programming will be (d) fully compatible with past, current or future versions of all internet browser software or mobile browsers (e) error free with any future updates made to the web hosting server operating system or other related server software, regardless of the web host. Any issues reported outside of warranty period or terms above, will be subject to additional billable time to resolve.

WEB SITE ASSETS:
Client will provide all owned or licensed materials necessary to allow Service Provider to perform the Services, including, but not limited to, text, photographs, video, audio, copy, trademarks, artwork, and logos (hereinafter “Client Materials”). Client agrees to allow Service Provider to make changes or alterations to Client Materials solely for the purpose of performing the Services hereunder. Client assumes all liability for all Client Materials it provides for use in or in connection with the Services provided under this Agreement.

INTELLECTUAL PROPERTY:
Client understands and agrees that, prior to Client’s payment for Services in full, Service Provider is the owner of all intellectual property rights created under the terms of this Agreement, including but not limited to all Services, trademarks, copyrights, and patents, whether registered or unregistered, and all trade secrets, ideas, designs, business methods, creative works, processes, and data (collectively “Intellectual Property Rights”). Additionally, all intellectual property that may be reused by Service Provider in subsequent projects, including, but not limited to, copyrightable modules and coding (“Reusable Intellectual Property”), that is created, conceived of, or developed under the terms of this Agreement and during the contractual relationship of the parties, will be jointly owned by the parties as tenants in common. Neither party will have a duty to provide an accounting, proceeds, or license fee to the other party for the use of the Reusable Intellectual Property. In the performance of Services under the terms of this Agreement, Service Provider may use its preexisting intellectual property in the creation of work product, which may include custom design, programming, modules, plugins, or custom shopping cart integration (“Preexisting Intellectual Property”). Upon Client’s payment in full for Services performed by Service Provider under the terms of this Agreement, Client agrees to assign all Intellectual Property Rights, excluding rights to Preexisting Intellectual Property and Reusable Intellectual Property retained herein, to Client.

Client understands and agrees that Client will promptly inform Service Provider of the full conception of and details of any and all inventions, discoveries, improvements, innovations, and ideas, whether or not patentable or protectable, that Client conceives of, completes, or reduces to practice that (a) relate to Service Provider’s Preexisting Intellectual Property or (b) result from work done by Client using Service Provider’s equipment, facilities, materials, trade secrets, or personnel. Client hereby agrees that all inventions and discoveries that it might solely or jointly conceive, make, invent, or create during its contractual relationship with Service Provider and relating to Service Provider’s Preexisting Intellectual Property are the absolute property of Service Provider and are hereby assigned to Service Provider, and Client hereby further agrees to assign to Service Provider its entire right, title, and interest in and to all patent applications and any resulting patents, including those applied for or issued in foreign countries, that disclose and/or claim such inventions and discoveries by Client that relate to Service Provider’s Preexisting Intellectual Property. Client agrees to execute any and all documents necessary to prepare any papers that Service Provider may consider necessary or helpful to obtain or maintain any patents, copyrights, trademarks, or other proprietary rights in its Preexisting Intellectual Property and any improvements thereon and will do so at no charge to Service Provider.

TIME CONSTRAINTS / DEADLINES:
Service Provider understands how vital it is to make your timeline constraints or deadlines for the completion of your project. All quotes include an estimated time to completion. This is based upon total estimated time for completion, implementation and testing of all web development services, and assumes all information required from the client necessary for completion of services and payments due shall be provided within a timely manner.

If you do not provide the additional information requested from you in a timely manner (average 1-2 business days unless otherwise agreed upon by both parties), the web development project may be placed on hold until this information has been received. During this time you understand that Service Provider may place your project back into our project queue, and your assigned development team may be reassigned to other projects in the meantime. You will be notified via phone or email of your deadline to respond by, before your assigned development team is reassigned to any other projects. If this does occur, you understand that the original timeline quoted to you for completion of your project, is no longer valid and that a new timeline will be assigned to you based upon current projects in progress.

Service Provider is not resposible for client deadlines / estimated completion dates not met under the following circumstances: holidays, requested information not provided within a timely manner, errors with client email servers, client internal communication issues with their employees / staff, client requests for additional changes or services not indicated within the service contract, down ISP services within Service Provider offices, "acts of god", required signed service contracts not received, or payments not received in accordance with the 'payment schedule' section of the service contract.

BILLING & PAYMENT POLICIES:
By accepting this contract you are agreeing to the following billing & payment terms:
1. SUBSCRIPTION SERVICES: Clients must provide a credit card for subscription services unless other terms have been indicated on contract below. Client authorizes Service Provider to automatically charge credit card on file at the expiration of current subscription term, until said subscription services are cancelled. Client understands that all subscriptions are automatically charged via recurring credit card billing at the end of the existing subscription term and are automatically sent an email receipt. Subscription cancellation requests MUST be received by Service Provider at least 2 weeks (14 days) in advance from next billing date for processing time, or your subscription will automatically be renewed at the same length term. Please view our extended SUBSCRIPTION CANCELLATION terms for accepted cancellation methods by visiting http://www.pc-productions.net/policies.htm##sservices . As a courtesy to clients, Service Provider will honor subscription refund requests UP TO 24 hours after the automated subscription renewal. Clients who wish to request a refund for subscription services must follow the SUBSCRIPTION CANCELLATION process above and include a note requesting refund of subscription fee. There are no refunds on setup fees or beyond 24 hours after the automated subscription renewal.

2. DEVELOPMENT SERVICES: Development services under $1000 require prepayment in full to begin work unless otherwise indicated. All balances must be paid in full before any new development services will be done. For any development services on a payment schedule, invoices are sent out via email on schedule in accordance with your contract, which include the service contract / project number, amount due, due date, and payment options. Payments are due by the DUE DATE listed on the invoice. If payments are not received by the due date, then all project work will be suspended until payment is received and rescheduled A) after payment is received and processed B) scheduled around any other projects begun while awaiting payment. Under no circumstances does Service Provider offer A) payment on completion of projects over $1000 or B) NET 30 DAYS on payments.

LAWFUL PURPOSE:
Service Provider reserves the right to refuse service to anyone. Regardless of the place of signing this agreement, whether written or electronically, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Macomb County, Michigan, and any dispute will be litigated or arbitrated in Macomb County, Michigan. Client further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Macomb County Courts. IN NO EVENT SHALL Service Provider's MAXIMUM LIABILITY EXCEED PAYMENTS PAID BY CLIENT TOWARDS TOTAL COST LISTED ON THIS CONTRACT - (minus) COMPLETED ITEMS.

DISCLAIMER:
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SERVICE PROVIDER WILL NOT BE REPSONSIBLE FOR ANY DAMAGES CLIENT BUSINESS MAY SUFFER. SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, FOR SERVICES PROVIDED TO CLIENT OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES BUT IS NOT LIMITED TO LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Service Provider AND ITS EMPLOYEES. Service Provider DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, ANY HOSTED CLIENT SITES OR E-MAIL SENT FROM Service Provider ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Service Provider WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

INDEMNIFICATION:
CLIENT AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD SERVICE PROVIDER HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST SERVICE PROVIDER, 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, OR EMPLOYEES. CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SERVICE PROVIDER AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SERVICE PROVIDER's SERVICES; (2) ANY MATERIAL SUPPLIED BY CLIENT INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT; (4) ANY DEFECTIVE PRODUCTS SOLD TO CLIENT FROM SERVICE PROVIDER; (5) THE LOSS OR SECURITY BREACH OF ANY ELECTRONIC FILES, DATABASE FILES, CUSTOMER DATA, OR ANY OTHER FILES KEPT ELECTRONICALLY ON CLIENT HOSTING ACCOUNT.

DISPUTE RESOLUTION:
Any dispute between Service Provider and Client shall be submitted to confidential arbitration in Michigan, USA, pursuant to its commercial arbitration rules. Except that, to the extent Client has in any manner violated or threatened to violate Service Provider intellectual property rights, copyrights, or business reputation, Service Provider may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and Client consents to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 


E-Commerce Services Terms of Service
The following terms of service apply towards any and all e-commerce related subscriptions or development services.

1. CUSTOM VERSION OF OSCOMMERCE:
Service Provider offers our hosting clients a customized version of osCommerce free with the subscription to any of our UNIX e-commerce hosting plans. This customized version includes the default open source PHP osCommerce shopping cart program released under the GNU General Public License which includes our set of custom administrative tools, and various preinstalled osCommerce original contributions and features. See our live demo HERE for details and current list of installed contributions / modules.

2. EXCLUSIVE CONTRIBUTIONS / MODULES / ADD-ONS:
Service Provider reserves the right to reuse, resell, or redistribute any exclusive original modules, features, or contributions made for your e-commerce shopping cart software by us. If you wish to purchase exclusive rights to any modules, features or contributions that we create for you, please speak with a Service Provider representative for pricing information.

3. EXISTING CONTRIBUTIONS:
Service Provider offers installation services for existing oscommerce contributions, found on the oscommerce.com web site or other oscommerce developer web sites. Pricing varies based upon the complexity of the contribution, the version of oscommerce that you are using, and time involved for installation and testing. Installation services include full installation of the existing contribution into your oscommerce system as per the instructions included within the contribution, and initial testing.

Service Provider offers no warranties on instalaltion of oscommerce contributions not authored by Service Provider, nor any guarantees that the contributions you have selected will function as described on oscommerce.com. All support related issues should be directed to the original author or current maintainer of said contribution. In the event that you do request installation of an oscommerce contributions that Service Provider has never worked with previously, we reserve the right to charge additional service fees to fix any bugs or problems that we do find, after your approval.

Service Provider reserves the right to refuse orders for installation of existing contributions or our client oscommerce system, if we have previous experiences with said contributions / 3rd party hosting providers to be buggy, non-functional, or that is deemed non-compatible with our custom version of oscommerce.

Service Provider is not responsible for incompatibility issues with your current hosting provider. In the event that we discover an installed contribution does not work properly with your current hosting provider, we shall provide you with a list of modules / plug-ins / server settings / software that are necessary in order for the contribution to work properly. It is your responsibility to then contact your hosting provider to provide them with this list to see if they are willing to provide you with the items needed for this contribution to work properly.

4. SHIPPING / PAYMENT MODULES:
Clients using our customized version of oscommerce, or an alternative e-commerce system, with our hosting services, or that of a third party hosting provider, hereby understand, acknowledge and agree to the following:

a. Shipping and payment modules connect directly with a 3rd party provider in order to return data to your shopping cart system. This can range from "real time" shipping rates, to the processing of credit cards with your merchant credit card processor. Some of the more common 3rd party providers include: UPS, USPS, FedEx, Linkpoint, Authorize.net, Paypal, and others.

b. Ocassionally the 3rd party service providers connectivity may be interrupted due to issues on their servers, and that Service Provider is not responsible, nor can correct these occassional connectivity issues. Connectivity issues with these providers can result in incomplete transactions, shipping rates not being returned, or browser time outs. These issues do not happen very often and are usually resolved within a few hours.

c. Ocassionally these 3rd party providers may change the way connectivity is done with their servers with or without notifying you. In such cases you may notice some of the above connectivity issues lasting for longer than a 24 hour period. If you notice these issues last longer than 24 hours, please contact us by clicking [HERE] to report the specific problem you are encountering.

d. For shipping and payment modules that are originally authored by Service Provider, adjustments shall be made to resolve these issues at no extra cost to you on a first come, first serve basis. For shipping and payment modules that were NOT originally created by Service Provider, regardless if they come preinstalled with our customized version of oscommerce, additional fees may apply to resolve these issues, which you will be notified of before work has begun.

e. Any revision work to be done on existing shipping / payment modules is on a first come, first serve basis. Many issues can be resolved in as little as 24 hours, however more serious issues with connectivity to said 3rd party providers who have recently changed their systems without notifying you as the customer, may take as much as several weeks or more. If you receive any notifications from these 3rd party merchants that indicates changes to their system which MAY / CAN effect how your oscommerce system connects, it is your responsibility to forward a copy immediately to to ensure we are able to prepare for said changes as quickly as possible. Please be sure to include your domain name, admin url, and admin username and password for your system to allow us to trouble shoot as quickly as possible.

f. All versions of oscommerce come complete with default stock payment modules, and shipping modules which can easily be turned on and off at anytime via your admin tools. Some of these include: default credit card module (collects credit card data, but requires you to process manually), check / money order option, purchase order system (house accounts), table rate shipping (allows you to indicate how much to charge based on total weight of order), free shipping, "in-store pickup", and many others. These default modules do not connect with any 3rd party providers and allow you to continue collecting payment information and charge your own shipping rates. As such you understand that it is your responsibility to turn the existing 3rd party modules that are not working properly off, and turn the default ones on ASAP before contacting us, to ensure that customers can continue to place orders on your web site.


Subscription Terms of Service
The following shall be herein referred to as "subscription services", defined as a recurring subscription service. This includes but is not limited to:

  • Web site hosting subscriptions
  • Search engine submission subscriptions
  • Search engine SEO subscriptions / Guaranteed Top 10 Rankings
  • Search engine ranking report subscriptions

The following terms of service are applicable to all subscription services defined above between the Service Provider and Client.

1. SUBSCRIPTION TERMS & RENEWALS:
Clients must provide a credit card for subscription services unless other terms have been worked out on contract. Client understands that all subscriptions are automatically charged via recurring credit card billing at the end of the existing subscription term and are automatically sent an email receipt. See specific subscription terms & contracts for details or contact a billing representative by phone at anytime to verify the current subscription terms and billing cycle.

2. SUBSCRIPTION CANCELLATIONS:
Subscription cancellation requests MUST be received by Service Provider at least 2 weeks (14 days) in advance from next billing date for processing time, or your subscription will automatically be renewed at the same length term and you will be charged. To cancel subscription services, client must use one of the following methods:

a. Cancellation Ticket: Go to http://support.tpphost.com to login, click on SUBMIT TICKET link, then select CANCELLATIONS and fill out the form with the requested identifying information.

b. Via Fax / Mail: Clients not using ticket system above, MUST provide a written and signed NOTICE OF NON-RENEWAL via fax to 586-569-2900 and contain the following to be considered valid:

DOMAIN NAME, BILLING NAME, BILLING ADDRESS, LAST 4 DIGITS OF CREDIT CARD ON FILE, REASON FOR CANCELLATION, CANCELLATION REQUEST DATE, TODAYS DATE, and AUTHORIZED AGENT SIGNATURE.

As a courtesy to our Client cancelling their web site hosting subscriptions, a copy of your web site is available upon request to be sent out on CD or DVD media via USPS Priority mail for a rate of $20. Requests should be submitted at the time of your cancellation request to ensure fast processing and shall be sent out within 7-10 business days.

3. SUBSCRIPTION REFUNDS:
a. MONTLY SUBSCRIPTIONS: No refunds are offered on any monthly subscription services.
b. ANNUAL SUBSCRIPTIONS: As a courtesy to clients, Service Provider will honor annual subscription refund requests UP TO 24 hours after the automated subscription renewal. Clients who wish to request a refund for subscription services must follow the SUBSCRIPTION CANCELLATION process above and include a note requesting refund of subscription fee. There are no refunds on setup fees or beyond 24 hours after the automated subscription renewal.


Hosting Terms of Service
Clients using Service Provider hosting services are responsible for abiding by the rules set forth in the paragraphs below. Any violation of the terms set forth below may result in immediate suspension and/or termination of all services without prior notification. All services provided by Service Provider are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The Client agrees to indemnify and hold harmless Service Provider, from any claims resulting from the use of Service Provider's services which damages the subscriber or any other party.

HOSTING SUBSCRIPTION SETUP FEES:
The following will be charged to your credit card prior to setup of hosting subscription plan:

a. Shared Hosting Subscriptions: Clients authorized charge of setup fee (if any) + 1st month at time of setup.
b. Dedicated Hosting Subscriptions: Clients authorized charge of setup fee (if any) + 1st month at time of setup +/- any prorated days.

Normal wait time on setup of new hosting account is 24 hours. Upon complete of setup, an email will be sent to your registered email account giving you full instructions on how to begin using and uploading to your new hosting account. Service Provider is not responsible for additional wait time for transfers of domain(s) names, domain pointers, or subdomains. Your web hosting email confirmation will include specific instructions on how to transfer your current domain name to faster propagate your new web site.

HOSTING SUBSCRIPTION TERMS:
Service Provider offers the following subscription terms on hosting subscriptions:

a. Shared Hosting Subscriptions: Shared hosting subscriptions are automatically charged via credit card on file on the 25th of each month at the expiration of your current subscription term. Can cancel at anytime with 2 weeks prior to expiration of your contract term.

b. Dedicated Hosting Subscriptions: Dedicated server, VPS server and Cloud server dedicated hosting subscriptions are automatically charged via credit card on file on the 5th of each month at the end of your current subscription term, which covers the service period of 15th of current subscription term - 14th of the month ending your subscription term.

HOSTING SUBSCRIPTION CANCELLATION:
Please see "SUBSCRIPTION TERMS OF SERVICE: SUBSCRIPTION CANCELLATIONS" above for details.

SUSPENSIONS & DELETION OF HOSTING ACCOUNTS:
For clients having monthly subscriptions in the event that your credit card on file is rejected for any given month for payment, you will be contacted by phone and or email to notify you that your billing information needs to be updated within a 7 day period to avoid subscription suspension / deletion of your hosting account(s) and given instructions on various methods of updating your billing information. Please see PAYMENT POLICIES section for information on additional late fees & declined fees.

SHARED HOSTING SUSPENSIONS:
In the event that your shared hosting account is suspended, the balance + any declined charge fees must be paid within 7 days, or your hosting account will be deleted.

In the event of account(s) suspension, FTP access and HTTP access (public viewing) to your web site will be temporarily restricted and a message will be displayed on your hosting account at the Service Providers discretion. Email accounts will continue to function during this time as a courtesy to our clients. If payment in full is not received within 7 days of an account suspension which includes current subscription fees and late fees, then your hosting account, trouble ticket access, all electronic files residing on your hosting account, and all email accounts will be deleted.

DEDICATED SERVER DELETION:
Due to the expense and upkeep of dedicated servers, if balance on a declined charge is not done within 7 days of the monthly billing date (5th of each month), your dedicated server account will be cancelled and all content within deleted. As a courtesy a backup copy of your dedicated server content shall be kept on file for 60 days.

In order to re-establish your hosting account after deletion, Client must pay the following fees to have their website / hosting account reactivated:
a. Balance on account in full.
b. Hosting subscription setup fee + 1st month based upon current rates.
c. Website reinstallation fee: Depending on the complexity of your website, this fee will range from $50 to $250 at the discretion of the Service Provider. Contact us for an exact quote. Client may also opt to do reinstallation themselves.

For hosting clients that Service Provider has designed or developed web sites for, as a courtesy you may still request a full backup of your web site and all files contained within 60 days from date of deletion, which will be sent either via email or mailed on a CD upon receipt of balance paid in full for an additional shipping & handling fee of $15.

SSL CERTIFICATES:
Secure Socket Layer Certificates, commonly referred to as SSL certificates, are an encryption format commonly utilized on web sites which are performing online transactions for their Client. These generally utilize a minimum of 128 bit encryption to encrypt any data seen or entered by a client onto a web site. Some of our hosting packages do include "shared SSL certificates", which are SSL certificates purchased and owned by Service Provider and utilized by everyone on a shared hosting server. As such shared SSL certificates are owned by Service Provider and non-transferable.

Client's may optionally purchase SSL certificates, for use on a shared or dedicated hosting server, via a third party of choice. Clients requesting purchase & installation of an SSL Certificate through Service Provider are subject to prepayment in full for the cost of the SSL certificate + a $50 installation fee.

SSL certificates are created and installed based upon the contact information provided by the client, and the unique CSR encryption key created on the hosting server where the client's domain is being utilized. This CSR encryption key is unique from one hosting server to the next, regardless of the domain. As such client understands that SSL certificates are non-transferable to any different hosting server, regardless of who the provider is, and that there is absolutely no refunds offered on the purchase price or installation fee of any SSL certificate. In short, if you moved hosting servers and tried to copy over your SSL certificate, it would not work and as such a new one would have to be purchased, reissued, and reinstalled with all applicable fees.

EXCESSIVE USAGE / OVERAGES:
Client will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting subscription plan. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes /gigabytes per month or if you exceed E-Mail storage and attachment size limitations, Service Provider may, in its sole discretion, assess you with additional charges per the following terms:

a. Monthly Bandwidth Overages: Bandwidth listings consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total within a given month will be immediately charged to client account at the rate of $5.00 per GB over. As a courtesy Service Provider will send out automatic email notifications to Client when they reach 80% & 90% of total allowed bandwidth. Clients can also check their total bandwidth usage via the hosting control panel and as such it is the Client's responsibility to monitor this.

b. Storage Overages: Any hosting accounts found to have exceeded their allowed storage amount / space, may be notified via email by the Service Provider. If Client does not resolve this within 7 days, the hosting subscription will automatically be upgraded to the next level hosting plan and charged the corresponding setup fee. Client can check their total storage used at anytime via the hosting control panel, and as such it is the Client's responsibility to monitor this.

Unacceptable Usage Policy:
The following are unacceptable usages of Service Provider web hosting services, and will results in immediate termination of the web hosting account with or without prior notification:

    Proxies : We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

    PortScanning : We do not allow any kind of portscanning to be done on or from our servers or network.

    Copyright Violation : Any Violation of copyrights by a Client, originally held by individuals and corporations or other entities other than the Client, can result in civil and criminal liability for the infringer.
    Defamation : Defamatory speech towards an individual or business distributed over the Internet via the Client web hosting service, email, or displayed openly on the web site, is not allowed.

    Illegal/Unauthorized Access to Other Computers or Networks : The illegal or unauthorized accessing (often known as "hacking") of computers or networks by the Client utilizing Service Provider web hosting or email services, is not allowed and illegal. All clients found in violation of this shall be prosecuted.

    Phishing Sites : Defined as the criminally fraudulent process of attempting to acquire sensitive information such as usernames, passwords and credit card details, by masquerading as a trustworthy entity in the form of email or website. Clients found to be using hosting services for "phishing practices" shall result in immediate termination of account and all information pertaining to said accounts shall be given to the authorities for prosecution.

    Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities : Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.

    File/Image Repository : Service Provider hosting services are not to be used as a file/image repository. This means you cannot use your account as a download site or mirror site to store extensive files/images or software, whether legally licensed or not.

    IRC : We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.

    Child Pornography : Our policy on child pornography is zero tolerance. Service Provider will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Client are ultimately responsible for the actions of their clients over the Service Provider network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

    Chat Rooms : We do not allow clients to install their own chat rooms within a shared hosting account, without prior approval by Service Provider. Please check your hosting account description for full details, as many of our shared hosting accounts come with a free pre-installed chat program.

    Software / File Repository web sites : You are not permitted to have any commercially available software, fixes, patches or electronic media for download on your site, without previous authorization from Service Provider.

    ShoutCast Servers : We do not allow Shoutcast Servers due to bandwidth and load issues.

    Background Running Programs : We ask that users request permission before enabling persistent background processes of substantial load.

    PHP Shell : PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Other Activities, whether lawful or unlawful, that Service Provider determines to be harmful to other clients or visitors to your web site, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet, may also lead to the immediate termination of said web hosting account with or without prior notification, at the discretion of Service Provider.

MONITORING PRACTICES:
Service Provider will not, as an ordinary practice, monitor the communications of our Client to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. Service Provider may remove information that violates policies, implement screening software designed to block offending transmissions, or take any other action deemed appropriate, including termination of a Client's web hosting contract with us.

Service Provider can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our Client on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our Client unless required to do so by law. Service Provider may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Service Provider may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our Client from harm, or where such disclosure is necessary to the proper operation of the system.

DATA BACKUP / RESTORATION:
Daily remote backups are run on all shared hosting servers. This service is also available to Dedicated server Clients for an additional fee. In addition Client has access to services such as backup, Cpanel , and FTP access at all times. As such it is the sole responsibility of the Client to maintain their own backup of any data. Service Provider is not responsible for lost data or for lost data due to third party software that is not maintained by Service Provider programming staff. Restoration requests may be made via telephone or trouble ticket system. Fees range from $75-$150, depending upon how far back we have to go into our systems to retrieve your files and whether you are requesting the restoration of your entire web site or specific files.

UNSOLICITED EMAIL (SPAM):
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. Service Provider takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed and considered to be spam:

  • Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
  • Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
  • Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
  • Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
  • Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
  • Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through Service Provide, then the provisions above shall apply as if the spam were sent through our servers.

Penalty: Depending on the severity of your SPAMMING, Service Provider reserves the right to charge you between $1.00 - $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will be NEVER returned to you.

ABUSE OF MAIL SERVERS:
We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server.

NETWORK SECURITY:
Client may not use the Service Provider 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 client 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. Client 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. Service Provider 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. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or web site is responsible for or involved in an attack on or unauthorized access into another server or system, Service Provider will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Service Provider or any of its other Client.

ELECTRONIC COMMERCE / ONLINE STORES:
Client is solely responsible for the operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. Client will be solely responsible for the final calculation and application of shipping and sales tax. Client will also be solely responsible for accepting, processing, and filling any client orders, and for handling any client inquiries or complaints arising there from. Client is fully responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Service Provider is responsible for ensuring that our hosting servers comply with VISA & MASTERCARD CISP guidelines as it relates to your hosting account. Client merchant credit card processing service may or may not require your e-commerce store to be CISP compliant. If so, you are responsible for running an annual security check of your e-commerce store by the third party provider of your choice. We recommend scanalert.com. Please check with your merchant credit card processing service for details.

Service Provider is NOT responsible for the loss of any client orders, income potential or otherwise, client inquiries, client payment information, products, or other content. Client has full access to a variety of free tools for backing up their e-commerce store and database available at all times regardless of the hosting provider. Additional information regarding these tools, can be found on Service Provider's web site, or client may call to ask for instructions on using these tools. As such, it is the client's responsibility to run a backup of your online store, it's products, and databases. We suggest running a backup of your online store database system to your local computer on a daily or weekly basis. Please check your user's guide from the software developer of your online store software for full instructions on how to backup your database.

Complaints about violators of our policies, or questions regarding our policies, should be referred by clicking [HERE] and submitting feedback. Each complaint and question will be investigated and responded to promptly.

PCI COMPLIANCE PRACTICES:
PCI compliance is a security standard required by the 5 major credit card companies, in order for you to be able to accept credit cards on your website (referred to as PCI DSS). PCI compliance certifies that your organization takes all necessary steps to protect sensative customer data at your office location and website, through a set of standards for your infrastructure and website hosting security. This is a mandatory requirement for a website owner who accepts credit card payments from customers, must comply with to avoid additional monthly PCI NON-COMPLIANCE fees. Please contact your credit card processor for more information on this and find out how you can ensure that your website is being scanned and certified for PCI COMPLIANCE.

Due to the differences in testing criteria from one PCI COMPLIANCE company to the next, it is understood that Service Provider does not offer full PCI COMPLIANCE updates to our hosting servers. While we do regular daily security updates, patches, and other enhanced security protocols, it is understood that any PCI compliance updates requested by clients a) are subject to a billable admin review fee due to the sheer sizes of the average website scans (i.e. average 50+ pages), b) may require additional billable time to remedy c) Service Provider reserves the right to deny any PCI compliance update request that will negatively effect other websites / necessary services hosted on the same server if you are on a shared hosting plan, d) Service Provider reserves the right to reject any PCI Compliance company report provided by PCI Compliance companies who have proven to have bad practices and make it impossible to pass said scans (i.e. NO TRUSTWAVE REPORTS SHALL BE ACCEPTED), and e) Service Provider offers no warranties or guarantees that any updates we do shall completely remedy all failed items within a PCI compliance scan report.

While we are willing to do everything that is possible to fulfill the required updates for your PCI Compliance scan and are here to help, PCI compliance scans over the past few years have become ridiculously difficult to fulfill all of their requirements, and most of the time make it impossible to have full compliance without moving your site to your own CLOUD VPS or DEDICATED SERVER in order to perform these updates (i.e. shutting off FTP completely, shutting off all known email ports making send / receive email impossible without a custom setup, etc.).

For our hosting clients, if you have a failing PCI compliance report, we invite you to contact us today to discuss your options, to see what we can do to help.


Hosting Service Level Agreement (SLA)
HARDWARE REPLACEMENT SERVICE LEVEL AGREEMENT
Service Provider guarantees that in the event of a dedicated server hardware failure, the faulty hardware will be replaced within 30 Minutes of identifying the problem. In the event that this guarantee is not met, Service Provider will issue a credit for ten times the actual amount of additional downtime. The amount of compensation may not exceed the client's monthly recurring charge. This guarantee does not include the time it requires to perform additional software related maintenance, including rebuilding web accounts from backups, reloading the operating system, reloading and configuring applications, or rebuilding raid arrays.

NETWORK UPTIME GUARANTEE
Service Provider guarantees network uptime to be 100%. This guarantee assures that all major routing devices within our network are reachable from the global internet 100% of the time.

NETWORK SLA EXCLUSIONS
Many possible situations are completely beyond the control of Service Provider, and therefore are not in the scope of this SLA. These situations include:

  • Scheduled Network Maintenance - occasionally network maintenance will be required. Service Provider will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the email address we have on file. Scheduled maintenance periods are not eligible for SLA credits.
  • Hardware Maintenance - on rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. Service Provider will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
  • Software Maintenance - an important part of managing a dedicated server is keeping the software up to date. If you choose to have Service Provider manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.
  • Malicious Attacks - if a third party not associated with Service Provider initiates a "Denial of Service" or other form of disabling attack against your Dedicated Server or major portions of our network, Service Provider will do everything in it's power to stop the attack, but cannot guarantee a resolution time.
  • CPanel Issues - if you choose to run CPanel and Web Host Manager, Plesk, or any other control panel software on your Dedicated Server, the default install will be configured for automatic updates of CPanel related software. On occasion, one of these automatic updates could adversely affect all or part of the CPanel related software on you server. Service Provider will do whatever is necessary to fix any Cpanel related problems, but cannot guarantee a resolution time.

NETWORK SLA REMEDY
In the event that Service Provider does not meet this SLA, Dedicated Hosting clients will become eligible to request compensation for downtime. If Service Provider is or is not directly responsible for causing the downtime, the client will receive a credit for 10 times ( 1,000% ) the actual amount of downtime. This means that if your server is unreachable for 1 hour (beyond the 0.0% allowed), you will receive 10 hours of credit.

All requests for compensation must be received within 5 business days of the incident in question. The amount of compensation may not exceed the client's monthly recurring charge. This SLA does not apply for any month that the client has been in breach of terms set herein or if the account is in default of payment.

HOW TO REPORT A PROBLEM
To report issues with downtime for shared or dedicated site hosting, please follow instructions listed on our hosting support page. To request credits for downtime, please call us during normal business hours or submit a "Subscription Credit Request" via our contact us page.


Guaranteed Top 10 Rankings Terms of Service
By subscribing to our Guaranteed Top 10 Rankings Subscription Service, you agree to the following conditions and terms of service. This subscription service includes:

SEARCH ENGINE OPTIMIZATION: Search engine optimization (SEO) is a subset of search engine marketing, and deals with improving web page coding techniques and content for purposes of improving search engine rankings and the number and/or quality of visitors to a web site from "natural" (aka "organic" or "algorithmic" search engine) listings. Our SEO service includes keyword popularity research and optimization of your home page and up to 5 existing pages. In some cases where it is more beneficial, we will create up to 5 subject specific pages that target related keyword phrases that match the look and feel of your web site. Upon completion of seo services, you will be emailed confirmation and an overview strategy report.

SITE MAP: A site map (or sitemap) is a web page that lists the pages on a web site, typically organized in hierarchical fashion. This helps visitors and search engine bots find pages on the site. We will create 1 site map page or update your existing site map page, create a Google.com XML sitemap, and a Yahoo.com text sitemap.

SEARCH ENGINE SUBMISSIONS: After completion of initial optimization services, your home page and five additional pages (existing optimized pages or new subject pages) shall be submitted to up to 250+ search engines and directories every two to four weeks via a combination of automated submission software, and manual submissions. Number of pages that can be submitted, frequency of submissions each month and whether done by automated software or manually is based upon limits & guidelines set by each search engine. Number of search engines submitted to each month is dependant upon your selected subscription package. The client may request a search engine submission report at anytime for the past 30 days of submission services.

SEARCH ENGINE RANKING REPORTS: Search engine ranking reports (ser reports) are comparative reports generated for specific web pages and keyword phrases against the search engines, to help track the progress and effectiveness of search engine marketing. The client shall receive via email an initial ser report before first search engine submission, a second comparative report 30-45 days after, and ongoing monthly ser reports each month. These reports are typically created and sent out via email between the 25th and 1st of the month. If the client does not receive this report for any reason, they may contact us at any time to receive a copy of the requested report during the term of their subscription.

ADDITIONAL OPTIONS: Any additional options selected by the client, as listed on our Guaranteed Top 10 order page [here], are for purposes of further increasing web site rankings and promotion of the web site. These are optional and a one time setup fee unless otherwise indicated.

ONGOING MONTHLY PROMOTION / SEO: Defined as continued monthly optimization, search engine submission, and other related adjustments to web site as needed, for purposes of improving current search engine rankings.

TOP 10 SEARCH ENGINE RANKINGS: Top search engines defined as the 10 most popular search engines, as reported by Nielson / NetRatings each quarter. The current most popular search engines include: Google.com, Yahoo.com, MSN.com, AOL.com, Ask Jeeves (ask.com), FAST.com / alltheweb.com, Netscape Search (netscape.com), Earthlink.com, Webcrawler.com, DogPile.com, Excite.com, and Lycos.com. This list is subject to change at any time without notification based upon search engine popularity. Contact a representative at any time to find out the most current top 10 search engines, or view these at anytime by visiting one of the following URLs:
http://www.searchenginewatch.com/reports
http://www.nielsen-netratings.com/

Your web site will receive a combined minimum of total 10 top 10 rankings, using single or multiple keywords phrases which you have approved, in one or more of the current most popular top 10 search engines listed above within 2 weeks to 6 months. Client understands that this total of 10 minimum top 10 rankings is combined across all of the current most popular top 10 search engines and that Service Provider gives no guarantee that you will receive the same number of top 10 rankings in each search engine, or across all of them. See our FAQs page for further details.

OUR GUARANTEE: If your web site is not receiving a minimum of 10 top 10 rankings, as defined in the 'Top 10 Search Engine Rankings' section above, by the end of your subscription contract term, you shall receive the following month of service free of charge. You will continue to receive this service free of charge until we get you top rankings as per the terms above, up to a term equal to that of your subscription contract term. If we cannot obtain top rankings for you by the end of this period, your contract with us will be automatically cancelled and you will not be charged anything more.

The top 10 listings you will receive, shall be independant of existing rankings you already may have within the above search engines. If however, you select a page within your web site for us to optimize and submit which is already indexed by one of the major search engines, but is not currently receiving top 10 rankings, getting a top 10 ranking for this page shall count towards our obligation for you. Exclusion of existing web site top 10 rankings is subject to providing us with a detailed ranking report BEFORE we complete our SEO services and submit your web pages to the search engines. This document must contain the following information for each listing: search engine name, keyword phrase used, web page URL, and current ranking position.

Indexing in major search engines can take anywhere from 7 days to 18 weeks based upon each search engine. Average time to begin noticing increased search engine rankings is 2-3 weeks for new web sites, or 1-3 months for existing web sites that have been previously submitted / indexed by the search engines. Depending upon how long a search engine takes to index your web site and how competitive the industry is, it may take up to the full contract term to receive top 10 rankings.

Our guarantee is subject to the following terms:
1) You maintain subscription for a minimum contract term of 6 months.

2) The optimized pages and / or 'subject pages' we completed and promote for your site must not be altered in any way without first notifying Service Provider in advance via email and wait for approval to ensure it will not effect the current rankings and ongoing promotion. This includes all content changes, file name changes, or web site directory structure changes related to the pages we have optimized. If it is necessary to change the file and/or folder names relating to the pages we have optimized, please let us know of these changes so we can amend our submission files and advise you on how it may or may not effect the rankings you are receiving.

3) The optimized pages and / or 'subject pages' we completed and promote for your site must not be removed or deleted for at least the duration of the subscription term. Please ensure these files are not deleted while maintenance of your web site is being carried out.

4) During the duration of your subscription term, it is important to let the Service Provider handle all submissions to the search engines and directories listed in the available 'search engine submission report' for the web site. Submissions of one or more pages to the search engines in addition to Service Provider submissions, may be viewed by the search engine as 'submission spamming' and can have a negative impact on the rankings of the web site, including but not limited to: loss of rankings, deletion of web page(s) from their database, or banning of your entire web site.

5) During the duration of your subscription, Client agrees NOT to add a Link Page or Link directories (containing multiple link pages) into the web site without first consulting Service Provider. This can hurt your existing and future rankings greatly. If a link page or link directory already exists within your web site, it may need to be altered or removed in order to obtain top 10 rankings for your web site. Link page(s) should always be created by a professional optimizer using very specific guidelines to avoid search engines viewing your web site as a 'link farm' or viewing you as having 'bought link popularity' which will effect your rankings in a negative way.

6) Client agrees and understands that they will not hire any 3rd party service providers, or perform themselves, simultaneous search engine optimization, submission, or other services that can be defined as 'search engine marketing' during the duration of the subscription, as this can effect the web site ability to get top 10 rankings negatively.

7) Client agrees and understands that they will not make any modifications to any pages on their web site, whether optimized pages done by Service Provider or other, that includes optimization or coding for purposes of obtaining improved rankings that is viewed by the search engines as 'unacceptable'.

QUALIFICATIONS: The following web sites are NOT accepted for our guaranteed top 10 subscription services:

1) Client web site must not be an adult oriented sex site, a casino/gambling site, an illegal software web site, a reseller web site, a replicated MLM get rich quick site, a debt consolidation site, a bank site, a credit card applicant web site, yahoo stores, MIVA Merchant stores, php Nuke / Post Nuke sites, or template sites. Template sites defined as you purchase your website design from a site which sells same templates to unlimited number of users. Certain other store fronts do qualify, but may require additional billable work to make them SEO Ready.

2) Client web site must not be within FRAMESET, commonly referred to as 'frames'.

3) Client web site must not contain a flash intro, flash menu / navigation system OR any flash files with file size over 30KB total for a single page.

4) Client web site must not be a mirrored or duplicated web site. Meaning if the web site you submit to us is duplicated from another web site, even one you own, we cannot guaranteed you top 10 rankings. Duplicated or mirrored is defined as duplicated text content, duplicate text links, duplicate web site layout and file naming structure.

5) Client web site MUST have a unique IP address. If you are unsure about this, please contact your hosting provided to ensure the IP address for your domain, is not shared with any other domain.

6) Client web site must NOT be a link farm. Link Farm is defined as a web site with no real content, but only linking to other web sites for purposes of gaining popularity or top rankings.

7) Client web site must NOT contain 'keyword spamming', defined as loading duplicate keyword phrases into a web page for purposes of trying to obtain greater keyword density. Common methods include: a keyword list at the bottom of your web page, or in HTML <!--comments--> tags, or loading keyword dense paragraphs set the same font color as the background of your web page.

8) Client web site must utilize good HTML coding practices that are compliant with W3C acceptable standards. Specifically the web site must avoid unclosed HTML tags, or improper use of HTML tags that will produce errors in common internet browsers.

Service Provider shall perform a general overview of client web site upon placement of subscription order to ensure that it complies with these qualifications. If it is found that the web site does not qualify, client shall be notified via email of exact reasons the web site does not qualify, with any available options for remedying these issues. If options are provided, client shall be responsible for implementing these changes, whether through contracting us or doing themselves, before subscription services can begin.

DISPUTES / VALIDITY CONFIRMATION: Any disputes or validity confirmation requests towards any of your web site rankings found within the search engine ranking reports, must be done within 14 days, or it shall be considered that client has no disputes on accuracy of any given report and that client is satisfied with services received.

SEARCH ENGINE SUBMISSIONS: Client may request a monthly search engine submission report by clicking [HERE] and submitting a request at no additional fee. These dated reports show a complete list of all search engines and directories that your web site, or individual web pages, have been submitted to on the date shown. Client understands that as part of the terms of service found on every search engine, submission to a search engine does not guarantee the search engine will index or spider your web site and that they reserve the right to reject any submissions or to remove your listing with or without notification. If you have a question regarding a specific search engine that your web site was submitted to as shown in the search engine submission report, but does not appear within, please contact the search engine directly via their web site.

LIABILITIES: As is with any form of traditional / non-traditional / online marketing or advertising, Client fully understands and agrees that there is no guarantees given outside of the terms above, and that service provider has no liabilities and makes NO promises or guarantees of A) any increase in website traffic B) any increase in sales on your website. There is no guarantee anyone will click on said links / search results to come to your site, and of the customers who do click on said links / search results to come to your site, it is solely the clients responsibility to convert those visitors into sales. If for any reason the client feels there is not a high enough click through rate, Service Provider will gladly reexamine the top 10 listings you have and can either A) adjust text within current listings or B) swap out with other listings. Please note that client requests for these types of revisions are subject to additional time and billable fees. Please contact your sales rep for specific pricing.


Privacy Policy
All information collected from the Client by phone, email, or this web site, is kept strictly confidential. At no time will Service Provider give or sell this information to any 3rd parties, unless it is directly related to a 3rd party service that you request.

With some 3rd party services, it may be required to provide them with your credit card and/or billing information in order to provide you with the services you have ordered. Service Provider makes no warranties towards any 3rd party service providers or it's services. As such all complaints, billing questions or general questions related to policies, are to be handled by the Client directly with the Service Provider, unless otherwise agreed upon.

However, if Client finds at anytime that these 3rd party services are not providing you with the best service possible, are not resolving ongoing issues please contact us by clicking [HERE] and it shall be handled accordingly.


Domain Name Services
As a courtesy to our Clients, Service Provider offers domain registration services via our domain reseller website located at https://www.secureserver.net/default.asp?prog_id=tsunami. As such Client understands that Service Provider is not the official domain registrar and that all domain, account or billing related items are not accessible by Service Provider and MUST be discussed with the domain registrar via the phone number listed at the website URL above. By purchasing / renewing any services / products listed on the URL above, client fully understands and agrees to the following:

1. Service Provider does not commonly keep a record of Clients domain account / login information. It is the Client's responsibility to keep a copy of this information which can be obtained during initial registration on the site above, or retrieved at anytime via the phone number listed on the site above.

2. Service Provider does not set / control fees, regulations or terms set within the above website. As such Client understands and agrees that all domain account related issues MUST be discussed directly with the registrar and that by purchasing said products / services, Client shall adhere to the registrar terms of service.

3. In the event that Client requests Service Provider to purchase a domain name on their behalf, Client understands that full account details, email account, phone numbers, and billing information will be setup to reflect the information provided by the Client. This ensures that the Client has full control and ownership of their domains and their account with the registrar, and that all email notices, renewal notices, and sales receipts will be sent directly to the Client.

4. Client is responsible for account with registrar, regardless if initial purchase is made directly by the Client or by Service Provider at request of the Client. As such Client understands that it is their responsibility to ensure their registrar account has the most up to date account information and email address.

5. Client is responsible for the renewal of their domain names by / before the expiration date of said domain. As a common practice domain registrars automatically send out multiple courtesy email notifications to domain owners prior to renewal date, upon decline of credit card on file, and upon renewal of domains.

6. Client agrees that Service Provider will not be responsible for cancelled domain names that Client fails to renew, either automatically or manually.


Billing Policies
PAYMENT POLICIES:
1. OVERVIEW:
Service Provider offers different payment options for development services and subscription services. Please see your service contract or subscription plan and corresponding policies for specific details and payment schedule. Client may request a copy of their current service contract & subscription contract with specific payment terms & schedule at anytime by contacting us. It is the Client's responsibility to know their payment terms, payment schedule, ensure payments are made by the due dates, and ensure that Service Provider is given the most up to date contact / billing information.

2. PAYMENT TERMS:
a. SUBSCRIPTION SERVICES: All recurring subscription services are paid via recurring credit card billing in advance for that term length of service. Example: if you are on a monthly recurring hosting plan, you will be automatically charged once per month in advance for the following month of services. It is the Client's responsibility to have a valid credit card number, expiration date, billing name, and billing address on file for the length of the subscription term or until cancellation. New / updated credit card information can be submitted at anytime securely online by logging into our client control panel and clicking the UPDATE BILLING INFO link.

b. DEVELOPMENT SERVICES: Development services under $1000 require prepayment in full to begin work unless otherwise indicated. All balances must be paid in full before any new development services will be done. For any development services on a payment schedule, invoices are sent out via email on schedule in accordance with your contract, which include the service contract / project number, amount due, due date, and payment options. Payments are due by the DUE DATE listed on the invoice. If payments are not received by the due date, then all project work will be suspended until payment is received and rescheduled A) after payment is received and processed B) scheduled around any other projects begun while awaiting payment. Under no circumstances does Service Provider offer A) payment on completion of projects over $1000 or B) NET 30 DAYS on payments.

c. INTERNATIONAL CLIENTS: For clients who are living outside of the United States, all web development services and subscription services require payment in full before work can proceed. Methods of payment accepted for international clients for web development services include: bank wire transfer, certified bank check. Service Provider reserves the right to limit the payment options made available to the client based upon their location and laws governing.

3. RETURNED CHECKS / WIRE TRANSFERS:
Service Provider will bill client $50.00 fee per returned check / wire transfer for the first occurrence, and $50 fee per returned check / wire transfer + collection fee for the second occurrence. Service Provider reserves the right to no longer accept checks / wire transfers from the Client in cases of at least 1 returned check, in which case alternative methods of payment will be offered to the Client. Service Provider reserves the right to stop and / or suspend all services until payment is made in full including all fees.

4. CREDIT CARD PAYMENTS & CHARGEBACKS:
Service Provider accepts Client credit cards for subscription services and development services. By providing a credit card for payment, you agree to and accept the following:

a. DECLINED CREDIT CARD FEES: Service provider reserves the right to charge your account a $1.00 service charge every time your card is declined, up to 14 days / $14. In the event that the Client credit card on file is declined for two billing cycles in a row for subscription services, Service Provider reserves the right to set a new payment schedule for said subscription services that shall supercede all previous subscription payment terms, which will require the Client to make prepayment in full for multiple billing cycles in order to continue said subscription services. Failure to comply with this new payment schedule shall result in cancellation of your subscription accounts immediately.

b. CREDIT CARD CHARGEBACKS: Client understands that any attempted / successful credit card chargebacks for any payment previously provided to Service Provider toward payment of any service / invoice, shall be considered intentional fraud and treated correspondingly by seeking all available financial relief allowed by law.

In the event of a credit card chargeback initiated by the Client or their issuing bank, Service Provider shall charge an additional fee of $150 added onto your account balance, for administration time for submitting a dispute to your credit card company.

c. RIGHT TO REFUSAL: Service Provider reserves the right to no longer accept credit cards as a method of payment from a Client who has had at least one decline or one chargeback. If you have questions or concerns pertaining to your subscription or development credit card charges, please speak to a representative before attempting a chargeback.

5. OVERDUE BALANCES & COLLECTIONS:
Service Provider policy & procedure for collecting on Client overdue balances, is agreed upon by Client and as follows:

a. Each Client is assigned an account number by Service Provider, from which all services requested and / or provided to Client are associated with. As such if Client has ANY overdue balances on account that is at least 14 days past the DUE DATE listed on the invoice for said services, Service Provider reserves the right to suspend ALL services at anytime until balance is paid in full. This includes but is not limited to suspension of web development services, hosting subscription services, marketing subscription services, regardless of any subscription fees already collected for the current billing cycle. Meaning even if Client has paid for subscription services, but has an overdue balance on their account, Service Provider reserves the right to suspend all services and shall not give any refunds or credits for any prepaid subscription services.

Notification of suspension shall be sent out by Service Provider via Client registered email address, fax number, or mailing address on file, with a new payment due date.

b. If client fails to meet the new payment due date designated within the suspension notification, Client understands Service Provider reserves the right to send Client account to collections and all subscription services shall be cancelled. Any work assets created for Client prior to suspension of services, shall be saved onto CD-Rom media and only provided to the Client ONLY once the balance on account is paid in full.

c. Service Provider may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue balance remains unpaid.

d. In the event that Client account is sent to collections, Client understands they shall be responsible for the account balance + all collection fees + all court costs + all legal fees related to Client account.

6. LIABILITY:
Service Provider and it's affiliate companies, cannot be held liable for any loss of income, due to suspension of services, domain name expiration, removal of "web site" for lack of payment, hosting server hardware failures, unauthorized access to your hosting account, "hacking" of your web site, or cancellation of services by the Client.

PRICING POLICY:
Service Provider reserves the right to change pricing without prior notification. For current Clients, an email will be sent out regarding any pricing changes that will increase or decrease your current subscription rates.

REFUND POLICY:
If within 30 days from project start date client is not satisfied with services and wish to cancel, client may request a refund for any uncompleted work and services. No refunds are given for completed work, nor on set-up fees. Completed work shall be determined by comparing the delivered work assets against each item listed within the service contract. No refunds are given after 30 days from start of project. No refunds are offered on any subscription service. This includes but is not limited to: domain registration, SSL certificates, hosting subscriptions, search engine submission, search engine ranking reports, and guaranteed top 10 rankings. Any refunds due shall be sent via a check or refunded back to your credit card on file, based upon your original payment method, within 14-30 days unless otherwise indicated or agreed upon by both parties in writing.


Legal Policies
DISCLAIMER:
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SERVICE PROVIDER WILL NOT BE REPSONSIBLE FOR ANY DAMAGES CLIENT BUSINESS MAY SUFFER. SERVICE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, FOR SERVICES PROVIDED TO CLIENT OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES BUT IS NOT LIMITED TO LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Service Provider AND ITS EMPLOYEES. Service Provider DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, ANY HOSTED CLIENT SITES OR E-MAIL SENT FROM Service Provider ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Service Provider WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

INDEMNIFICATION:
CLIENT AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD SERVICE PROVIDER HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST SERVICE PROVIDER, 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, OR EMPLOYEES. CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SERVICE PROVIDER AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SERVICE PROVIDER's SERVICES; (2) ANY MATERIAL SUPPLIED BY CLIENT INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT; (4) ANY DEFECTIVE PRODUCTS SOLD TO CLIENT FROM SERVICE PROVIDER; (5) THE LOSS OR SECURITY BREACH OF ANY ELECTRONIC FILES, DATABASE FILES, CUSTOMER DATA, OR ANY OTHER FILES KEPT ELECTRONICALLY ON CLIENT HOSTING ACCOUNT.

LAWFUL PURPOSE & GOVERNING LAW:
Service Provider reserves the right to refuse service to anyone. This agreement shall be governed by and construed in accordance with the laws of Michigan. Regardless of the place of signing this agreement, whether written or electronically, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Macomb County, Michigan, and any dispute will be litigated or arbitrated in Macomb County, Michigan. Client further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Macomb County Courts. IN NO EVENT SHALL Service Provider's MAXIMUM LIABILITY EXCEED PAYMENTS PAID BY CLIENT TOWARDS TOTAL COST LISTED ON THIS CONTRACT - (minus) COMPLETED ITEMS.

DISPUTE RESOLUTION:
Any dispute between Service Provider and Client shall be submitted to confidential arbitration in Michigan, USA, pursuant to its commercial arbitration rules. Except that, to the extent Client has in any manner violated or threatened to violate Service Provider intellectual property rights, copyrights, or business reputation, Service Provider may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and Client consents to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

ATTORNEY FEES:
In the event of any action arising out of or relating to this Agreement, Service Provider (Tsunami PC Productions) shall be entitled to recover its costs and expenses, including reasonable attorneys fees, incurred in connection with such action.


If you have additional questions regarding our company policies, please contact us [HERE].


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