Terms of Service
As an internet hosting company, Triad Hosting Inc., provides servers that are networked into the Internet. These computers send and receive information as related to the World Wide Web.
A. User Parameters
This service is intended for the exclusive use by the client and does not extend to any other person or entity.
B. Legal Parameters
This service is to be utilized solely for lawful purposes, and use of the service in connection with or adjunct to any matter or thing which violates any municipal, state or federal statute or regulation is prohibited. client agrees to indemnify and hold harmless Triad Hosting Inc., from and against any and all claims, actions, causes of actions, losses or damages (including legal fees) which may arise from the usage by the client in violation of this paragraph.
C. Unilateral Service Revocation
In the event that at any given time, Triad Hosting Inc., believes that the service is being used by the client in violation of the terms and provisions of sections A or B above, Triad Hosting Inc., has the right to immediately discontinue such service to client without liability other than to refund any unearned prepaid service fees. The client agrees not to publish and/or disseminate any libelous and/or defamatory information through its Website which might expose Triad Hosting Inc., or its Officers, Directors, Shareholders, Employees and/or Agents to liability. In the event that Triad Hosting Inc., either on its own initiative or following a third party complaint learns of defamatory information being published via its dedicated server computers, then, in such event, Triad Hosting Inc., reserves the right to terminate the website service and this Internet Web Service Contract without notice to the client. In such event, Triad Hosting Inc.'s liability to the client shall be limited to the prorated service fees accruing from the date of interruption of service until the commencement of the next billing cycle.
BANDWIDTH AND DISK SPACE USAGE
client agrees that Bandwidth usage and / or Disk Space usage shall not exceed the number of megabytes (disk space) or Gigabytes (Bandwidth) per month as set forth on the HOSTING PLANS web page.
client agrees that it shall not use excessive amounts of CPU processing on any of Triad Hosting Inc. servers. Unauthorized Chat Scripts are prohibited as many cause excessive drain on server resources. Any violation of this policy may result in client's immediate termination at the sole discretion of Triad Hosting Inc., without prior notice. In the event that Triad Hosting Inc., elects to terminate client on this basis, client shall be entitled to a refund as set forth herein.
Clients who exceed their monthly allotment will be given the opportunity to upgrade their account, or be subject to the following fees:
- Disk Space - $1.00 per Gigabyte over limit
- Bandwidth - $0.30 per Gigabyte over limit
DOMAIN NAME PURCHASES
Triad Hosting Inc., currently provides domain name registrations provided by a registrar accredited through the Internet Corporation for Assigned Names and Numbers ("ICANN") for top-level domains TLDs. Triad Hosting Inc., accepts applications from client to register and renew domain names with .com, .net, .org, .cc, .biz, .info, .co and .us TLDs in Roman-alphabet languages.
Should Triad Hosting Inc., acquire an Internet Domain Name on the client's behalf, then in such case the client hereby waives any and all claims which it may have against Triad Hosting Inc., for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name.
Domain names purchased on behalf of client are automatically renewed at the end of the registration period. It is the client's responsibility to notify Triad Hosting Inc., 30 days PRIOR to the expiration date, if they do not intend to renew the domain. Any domain name purchased for client, but not paid for, either is A) allowed to expire or B) becomes the property of Triad Hosting Inc. Client will be named as owner of the purchased domain name, and has full ownership of that domain name. The client may transfer domain name to other registrars as needed.
30-DAY MONEY BACK GUARANTEE
Triad Hosting Inc., offers a thirty (30) day money back guarantee for each hosting package. If client is not completely satisfied with the Services provided under such Package within the first thirty (30) days, client may cancel this plan by notifying Triad Hosting Inc., via phone, fax, email or postal mail.
The client will receive a pro-rated refund of any amounts paid except for setup fees and domain name purchases, which are nonrefundable. After the initial thirty (30) day period, the services shall be deemed accepted for all purposes, provided no written claim has been received by Triad Hosting Inc., within such thirty (30) day period. This guarantee does not apply to accounts that automatically renew.
INVOICING AND PAYMENTS
The client will be billed for services in advance. A invoice will be sent via email or postal mail. client has the option of paying by check , Money Order or credit card. It is the client's responsibility to pay their account on time. Please note that Triad Hosting does NOT store any credit card information on their servers and will NOT automatically bill client's credit card.
At the end of a hosting contract period, the client's hosting account will automatically renew and the account will be billed. client has the responsibility of contacting Triad Hosting Inc., 10 days PRIOR to the renewal date to cancel the account. No refunds are given to client for cancellation of hosting services after accounts have renewed.
In the event that client shall fail to pay in advance for the services provided or in the event there shall exist any delinquency in the client's account then in such event Triad Hosting Inc., reserves the right, in its sole, absolute and unfettered discretion, to terminate this Internet Web Service Contract and discontinue service to client without notice or liability for actual, compensatory or consequential damages to client for the interruption in service. Triad Hosting Inc., may discontinue or suspend service to client until payment is made. Any service disconnection or suspension will result in the requirement of a fifty (50) dollar re-connect fee.
Triad Hosting Inc., maintains a client Support Area that is available 24/7 and should be accessed first for all support issues.
NOTE: Technical support is limited to resolving issues related to hosting, NOT for web design, development, consulting or programming. Additional support needed by client, but not covered, would be billed at the standard hourly rate. client would be informed of additional fees before work began.
NETWORK AVAILABILITY / SCHEDULED MAINTENANCE
Triad Hosting Inc., strives to make it's servers and network available to client 100% of the time. From time to time Triad Hosting Inc., may have to perform software and / or hardware upgrades and repairs.
These scheduled times of maintenance/repair may make the network unavailable to client. Triad Hosting Inc. will give notice to client of scheduled maintenance periods.
client understands that the Internet is a public network, and that certain factors outside of Triad Hosting Inc.'s control may make servers and network unavailable such as equipment malfunctions, interruption or failure of network connections, hostile network attacks or network congestion.
Scheduled Maintenance means:
- Any maintenance of Triad Hosting's or client's equipment performed any Saturday between 12 A.M. to 10 A.M. Eastern Time where client is notified at least 48 hours in advance.
- Any maintenance to the facility in which Triad Hosting's equipment is located performed where the client is notified at least 48 hours in advance.
- Any maintenance of Triad Hosting's or client's equipment required on an emergency basis where client is notified at least four (4) hours in advance.
- Any maintenance of Triad Hosting's or client's equipment performed any day of the week between 3 A.M. to 6 A.M. Eastern Time.
Notice of Scheduled Maintenance will be provided to client via Twitter, email or telephone.
UP TIME GUARANTEE
We're proud that we're able to offer a 99.9% up time guarantee. If we fail to maintain 99.9% availability of your site, client is entitled to a 25% refund of that month's hosting fee. Instances not covered are when interruptions are caused by:
- Scheduled maintenance
- Acts of God, war or terrorism
- Errors from your own custom scripting or coding
- Outages that do not affect the appearance of your Web site but merely affect access to your site such as FTP and email
- Outages caused by upstream providers such as network carriers etc.
To be a valid claim client must do the following:
- Report the outage within 24 hours of the occurrence giving date, time and service/domain effected
- Request must be made in writing via email, fax or letter
- Reported outage must match the records of Triad Hosting
99.9% up time means you can request credit if your site is inaccessible for over 43 minutes in a given month
WEBSITE DATA BACKUPS/RESTORES
All website and database data, regardless of hosting plan, are backed up each day. However, Triad Hosting Inc., does not guarantee the integrity or reliability of these backups, or make any guarantee of the integrity and reliability of these backups. Triad Hosting Inc. strongly recommends that each client backup their own data on a regular basis. Triad Hosting does NOT give any type of refund for loss or corruption of client's data. There is a $100.00 restore fee for any direct request from the client to restore their data.
Triad Hosting Inc. will communicate with client primarily via email and postal mail. client agrees to keep all account contact information up-to-date to avoid a breakdown in communications. client can modify their account information by logging into the Support Area.
ACCOUNT ID AND PASSWORD
All client's will receive a unique Account ID and password. These are the means through which client may access certain services offered by Triad Hosting Inc. client agrees to safeguard their Account ID and password from any unauthorized use. client acknowledges and agrees that in any event Triad Hosting Inc., will NOT be liable for the unauthorized use or misuse of their Account ID or password.
Triad Hosting shall not disclose to third parties any client's information or data that is stored on their servers. Also, Triad Hosting shall not disclose to third parties client's Confidential Information. For the purposes of this Agreement, "client's Confidential Information" means any information or data provided by client that client designates in writing as confidential, any passwords used by client in connection with client's use of the Services, and any other materials client provides to Triad Hosting and designates in writing as confidential.
REMOTE DATA BACKUP / FTP SERVER
Triad Hosting will provide remote computer backup and recovery services to client who signs up for the service. client has complete control over which data is backed up and the frequency of backups (daily, every Sunday, once per month, etc). The client will have access to all backup data 24 hours a day 7 days a week except during periods of maintenance or unexpected outages.
The client's pricing is calculated on 1) the total amount of disk space curently used at the end of the month, or 2) the average amount of space used in the calendar month; whichever is greater.
The client can terminate the service at any point in time without a cancelation fee. At time of cancelation of account by client, all data is removed from servers. There are no refunds for setup fees due to a service termination.
Notice: Triad Hosting Inc., does not make any guarantee of the integrity or the reliability of these backups. NO GUARANTEES ARE EXPRESSED OR IMPLIED related to data retention, integrity, continuance, or availability. Your data may become unavailable, or be destroyed by any number of events, not limited to fire, floods, acts of terrorism, or other man made or natural disasters.
Storage of files containing adult content is NOT allowed. Files found with prohibited content subjects client to immediate cessation of service as provided herein and the termination of this contract without notice.
UNAUTHORIZED USE OF SERVICES
Anyone using Triad Hosting Inc services for the following unauthorized activities are subject to the following terms and conditions. ANYONE using any Triad Hosting Inc service without authority will be billed accordingly.
A. Unsolicited advertising via E-Mail and/or "Spamming" is a violation of State and Federal Law and is otherwise in violation of this Internet Web Service Contract. Such prohibited conduct subjects client to immediate cessation of service as provided herein and the termination of this contract without notice. Triad Hosting Inc., reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. Read about the CAN-SPAM Act of 2003.
B. The use of any Triad Hosting Inc Domain Name Server to register a domain name without the expressed authorization of Triad Hosting Inc., is strictly prohibited and shall subject client to a fifty dollar charge per additional domain name and/or the termination of the Internet Web Service Contract.
C. Sites with adult content and / or online gambling is NOT allowed. Sites found with prohibited content subjects client to immediate cessation of service as provided herein and the termination of this contract without notice.
D. Email accounts are intended for internal use by the organization who purchased them. You are prohibited from giving email accounts to users outside of your organization i.e. Public visitors to your site.
E. Storage of electronic files on web servers, other than web site related files, is prohibited. client must have written permission to store electronic files other than web site files on server. This is considered an additional service beyond web hosting and payment will be required.
F. Web sites running any Bulk Email Software must first have permission from Triad Hosting Inc.. The software must also be approved by Triad Hosting before using. Additional costs may be applied for sites running mailing lists. client must run only 'Opt In' programs and / or have written permission to email individuals on their list. Should a SPAM complaint be registered against the website, or if you are not in compliance with the CAN-SPAM Act, Triad Hosting Inc, may at it's discretion remove the software and / or terminate client's account without notice. The emails in the mailing list remain the property of the client and not of Triad Hosting. Triad Hosting will not sell or distribute your email list to others.
Our standard billing rate is $80.00 / hour. Time is billed in increments of 5 minute blocks, with a minimum of 10 minutes per session. Hourly rate applies to any email and/or phone support, development / programming, on-site meetings and travel time to and from client NOT covered under normal Technical Support (see above)
Materials created for the client are considered work for hire and the client retains the copyright to all work produced.
CHANGES IN TERMS OF AGREEMENT
Triad Hosting Inc., reserves the right to make changes to any of the above terms and conditions of this agreement without notice to client.
LIMITATION OF LIABILITY
The client agrees that Triad Hosting Inc., shall not be liable to client for any claims of actual, compensatory and/or consequential damages which may be suffered by client, including, but not limited to, losses or damages due to the loss of data, non-deliveries, or service interruptions caused by the fault or negligence of Triad Hosting Inc.. client agrees that Triad Hosting Inc., it's employees, agents, officers and directors, will not be liable for any direct, indirect, incidental, consequential, or special damages of any kind, including, without limitation, loss of revenue or income, pain and suffering, emotional distress or similar damages.
In no event shall Triad Hosting be liable to any client for any damages or other amounts, regardless of the nature of the cause of action, in excess of one (1) month's fee for the services provided.
ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter contained in this agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect. IN WITNESS, WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto. This Agreement shall be construed and interpreted pursuant to the laws of the State of North Carolina. Venue of any action arising out of this Agreement or any modifications thereto shall be in the Circuit Court in and for Guilford County, North Carolina.