Terms of Service

 

TOMMY HOUSE STUDIOS TERMS OF SERVICE

You will use the web space allocated in your shared hosting account, dedicated server or otherwise for lawful purposes only. You will not use the server(s) in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

You shall not post, link to or transmit:

  • Any material, which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
  • Any material containing a virus or other hostile computer program.
  • Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

You shall observe the procedures, which we may from time to time prescribe

You shall make no use of the Server in a manner detrimental to our other customers including the usage of excessive resources or CPU usage.

This includes, but is not limited to:

  • Copyrighted material,
  • Material we judge to be threatening or obscene,
  • Material protected by trade secret and other statute.

The subscriber agrees to indemnify and hold harmless Tommy House Studios and its employees from any claims resulting from the use of the service, which damages the subscriber or any other party.

Use of Resources:

Offering free hosting in attempts to quickly strain system resources is prohibited and any type of application/script that creates excessive memory use or causes apache to fail will not be tolerated. Tommy House Studios will decide what is "excessive" and may remove any content deemed to be misusing resources. Large files/scripts, chat (IRC), and illegal mp3 files are not allowed. Users must seek permission when uploading such files or files that may seem suspicious. We reserve the right to determine if an application is misusing resources and may request removal of application or suspend accounts if necessary.

Cancellation:

Tommy House Studios reserves the right to discontinue service to any user it feels violates any of these rules or for any reason that it finds to be valid for discontinue of service. Websites that are found to be violating the Terms of Service may be blocked/removed without notice.

Refunds:

Refunds may not be given to sites that get blocked for violation of Terms of Service. We strive to provide high-quality service but all customers must accept that our service is "AS IS" with no guarantees of uptime, quality, functionality, etc. The customer may not use our advertisements as a basis for asking a refund or taking any legal action. Tommy House Studios will solely decide when issuing a refund is appropriate or not appropriate.

Payment:

All payments must be in US Dollars. If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of USD $30.00.

All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.

You may, at any time, add credit to your account. To do so, you may login to the client area on our website to add credit to your account via credit card payment.

NOTE: If you pay your first invoice with a PayPal account that has a different mailing or email address than what you entered during the checkout process, your account will be set to pending until you are verified over the telephone. We do this for fraud protection. Should you have any questions regarding your order or the process to order, please contact us.

Billing & Invoices:

Tommy House Studios uses merchant processing companies to process credit card transactions. Your credit card statement can and normally will reflect the company that we use for your reference. Your Billing is based on the date that you joined us and signed up for services. If you have a YEARLY plan with us you will be charged same price every year on the anniversary of you enrollment. Invoices are sent out at a minimum of 2 weeks prior to the due date each cycle.

If you are on MONTHLY billing, it falls on the same day each month. If you are using the RadioBASH.com services your billing is invoiced on the 1st of the month and due by the 15th of the month. Your first invoice is prorated to put your billing in line with this cycle. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date on the invoice, we shall be entitled forthwith to suspend the provision of Services to you. We do not bill in the rears for services rendered. Please keep up with your billing and invoice period.

Other services:

Tommy House Studios can provide other services such as web development, scripting/coding, web design, programming help separate from web hosting. These services will be billed separately and are NOT included in the hosting fee. An affiliate individual or another company may provide such services as we see fit.

Overdue Accounts (Shared and Dedicated Hosting Clients):

Late Fee/Past Due Accounts/Reconnection Charge/Termination of Data

Past Due - Day 1: A late fee of 5% of your invoice total amount is applied when an invoice goes past due after the 1st day. The late fee must be paid to that invoice to mark the invoice paid.

Should your account go into a "past due status", where you have not made payment on or before the due date of the invoice on your account, your account is Suspended. During the suspension phase your website hosting account (including email) will be inaccessible to the world. The page will render blank. To reactivate your hosting or dedicated server account and remove your suspension status, your account must be brought up-to-date by making payment on all past due invoices and the late fees associated with your account.

Reconnection Fee - Day 3: If your account goes past due for more than 3 days you will also be assessed a $45 reconnection fee. The $45 reconnection fee must be paid in full to re-activate your account along with your late fee. Your account must be caught up to date.

Deletion of your Data - Day 5: If your account is past due for more than 5 days, your account is Terminated and all of your data within your hosting or server account (your allotted space) will be erased with no recovery available to you.

E-mail:

Spamming, or the sending of unsolicited e-mail including, without limitation, commercial advertising and informational announcements, from a Tommy House Studios server or using an e-mail address or domain that is maintained on a Tommy House Studios machine as reference is strictly prohibited. Tommy House Studios will be the sole arbiter as to what constitutes a violation of this provision. A user shall not use another site's mail server to relay mail without the express permission of the site. Tommy House Studios will be the sole arbiter as to what constitutes a violation of these provisions.

System And Network Security:

Any attempt to undermine or cause harm to a server, or customer, of Tommy House Studios is strictly prohibited. We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Attempts to manipulate servers or client websites are prohibited. This includes, but is not limited to, attempting to gain unauthorized access to Tommy House Studios Networks servers, mail bombing, or other means of deliberately overloading systems.

Network/System Abuse:

This includes, but is not limited to, excessive use of CPU resources, disk space or network bandwidth, installing IRC bots, CGI scripts sharing with domains outside of Tommy House Studios, mass emails, using disproportionate amounts of system resources for CGI Scripts or any manner of monopolization of network resources. Tommy House Studios or the vendors will determine what constitutes network/system abuse.

Account Activation:

By activating your account with Tommy House Studios, you agree to all of the policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

If you sign up for an account and do not follow our terms, no refunds will be given.

Tommy House Studios retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

You agree to the following terms of agreement:

Acceptable Use:

Tommy House Studios' services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws. Any use of vulgar or obscene language while contacting Tommy House Studios will be grounds for immediate cancellation of hosting.

If you are found in violation of the Tommy House Studios' Terms of Use. Your account will be terminated without notice and you will forfeit all of the moneys that have been paid to Tommy House Studios.

Examples of content that is not acceptable on Tommy House Web Design vendor Servers: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Casino and Gambling Related", "Copyrighted Mp3's", "CGI boards" "Forums that use excessive resources".

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Offering Free Hosting - Offers of free hosting of our services in any form is not allowed.

Adult Sites - WE DO NOT HOST ADULT SITES.
 Adult Content or links to Adult Content are also not permitted on the Servers.

Spam - Spam in any shape or form is NOT permitted and is grounds for immediate account termination.

IRC and Chat Rooms:

Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)

Software/Multimedia Distribution:

Accounts cannot be used to distribute copyrighted software, "cracked" versions of copyrighted software (a.k.a. warez), serial numbers for copyrighted software or copyrighted multimedia files. Sites that contain links to pirated software or illegal contraband are also prohibited.

Website Content Management:

Tommy House Studios is not responsible for website management or files lost or damaged by users. Website construction and management is the responsibility of the client. Client-maintained backup of all site files is recommended and should be maintained. System backups are intended to be used in the event of system failures and are not intended to be accessed to restore files to individual sites. You can create full backups in your hosting CPanel.

Log Files:

Log files may be deleted on a periodic basis. Users are responsible for downloading their log files. It is recommended that clients who wish to maintain a history of their log files download them monthly.

You specifically agree to indemnify and hold Tommy House Studios harmless from any claims resulting from a breach of these terms, and/or use of the service, which damages another.

Web Site Hosting And Email:

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server. 

Any access to other networks connected to Tommy House Studios must comply with the rules appropriate for those other networks.

While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

Intellectual Property Rights:

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.

Service Availability:

We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason.

The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. You may use no more than one login session under any one account at any time. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Termination:

Without in any way limiting our (Tommy House Web Design) rights:

If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions, we may terminate this Agreement.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.

On termination of this Agreement or suspension of the Services we will be entitled immediately to block your Web Site and to remove all data located on it. We will be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

We reserve the rights to terminate or refuse service to anyone.

Indemnification:

A user's failure to comply with those laws will violate Tommy House Web Design terms of agreement. By using our services, you indemnify Tommy House Studios for any violation committed by you of the service agreement, law, or other Tommy House Studios policy, that results in loss to Tommy House Studios or the bringing of any claim against Tommy House Studios by any third-party. This means that if Tommy House Studios is sued because of a user's or customer of a user's activity, the user will pay any damages awarded against Tommy House Studios , plus costs and reasonable attorneys' fees.

Notices:

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in the ancillary digital application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Live phone service may be provided in the future. However, support ticket help is provided. We do not guarantee any time frame as far responding to support tickets, however we will make every reasonable effort to respond in a timely manner. 

Headings:

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Limitation Of Liability:

All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Tommy House Studios shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Tommy House Studios servers going off-line or being unavailable for any reason whatsoever. Furthermore, Tommy House Studios shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Tommy House Studios servers. All damages shall be limited to the immediate termination of service. 

All complaints will be investigated promptly. Failure to follow any term or condition may be grounds for immediate account deactivation.

Disclaimer:

Tommy House Studios cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site were functioning. Certain services provided by Tommy House Studios are resold. Thus, certain equipment, routing, software, and programming used by Tommy House Studios are not directly owned or written by Tommy House Studios. Tommy House Studios holds no responsibility for the use of our client’s accounts.

Entire Agreement:

These terms together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement.

Violations of these Acceptable Users Policies should be referred to abuse@tommyhouse.com.

ALL CLIENTS, RESELLERS, USERS AND OR OTHER MEMBERS MUST AGREE TO ABOVE TERMS BEFORE PURCHASING ANY OF THE PACKAGES OFFERED BY OUR COMPANY.

WE HAVE THE RIGHT TO REVISE ANY OF THE ABOVE TERMS AT ANY TIME.

Before purchasing any packages make sure you fully understand the above terms. If you have any questions, please contact us.