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Click here
for Dedicated Server TOS
Timesway Hosting agrees to provide services to
the Customer, subject to the following TOS (Terms
of Service) & AUP (Acceptable Usage Policy).
Timesway Hosting reserves the right to change
this TOS & AUP at any time, without notice to
the Customer.
Payments and Fees: Establishment
of this service is dependent upon receipt by Timesway
Hosting of payment of stated charges. Subsequent
payments are due on first day the month for that
month's service.
Failure to Pay: Timesway Hosting
may temporarily deny service or terminate this
Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will
not relieve Subscriber of responsibility for the
payment of all accrued charges. Service will be
interrupted on accounts that reach 7 days past
due.
Cancellations: The customer may
choose to cancel at anytime. To cancel your account,
send an email to the Sales Department. All cancellations
within the first 7 days of service will be issued
a full refund. If you choose to re-sign up after
cancellation, you must repay the first month's
fee.
New Virtual/Reseller Accounts:
All new virtual/reseller accounts will be setup
within 1 business day.
New Dedicated/Managed Accounts:
All new Dedicated/Managed servers will be setup
within 7 business days.
SPAM: Timesway Hosting takes
a zero tolerance approach to the sending of spam
email using Timesway Hosting servers. Very simply
this means that customers of Timesway Hosting
may not use or permit others to use our network
to transact in spam emails. Customers of Timesway
Hosting may not host, or permit hosting of, sites
or information that is advertised by spam from
other networks. Violations of this policy carry
severe penalties, including termination of service.
As our Customers are ultimately responsible for
the actions of their clients, while using Timesway
Hosting servers it is advisable that Customers
develop a similar, or stricter, policy for their
clients.
Bandwidth and Disk Usage: Customer
agrees that bandwidth and disk usage shall not
exceed the number of megabytes per month for the
Services ordered by Customer. Timesway Hosting
will monitor Customer's bandwidth and disk usage.
Each extra gigabyte of bandwidth exceeding the
limit will be billed at $2.00 per gigabyte. Customer
will be billed $3.00 for each extra 100megs space
exceeding the limit for over 3 days. Over-usage
fees will be billed at the end of the month. Failure
to pay will result in account suspension.
System and Network Security:
Users are prohibited from violating or attempting
to violate the security of any network. Violations
of system or network security may result in civil
or criminal liability. Timesway Hosting will investigate
occurrences, which may involve such violations
and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved
in such violations. These violations include,
without limitation:
 Accessing
data not intended for such User or logging into
a server or account, which such User is not authorized
to access.
Attempting
to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization.
Attempting
to interfere with service to any user, host or
network, including, without limitation, via means
of overloading, "flooding", "mail bombing" or
"crashing".
Forging any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup
posting.
Taking
any action in order to obtain services to which
such User is not entitled.
Notification of Violation:
Timesway Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which
Timesway Hosting determines to have violated any
element of this AUP, shall receive an email, warning
them of the violation. The service may be subject
at Timesway Hosting discretion to a temporary suspension
pending a User's agreement in writing, to refrain
from any further violations.
Second Violation: Users that Timesway
Hosting determines to have committed a second violation
of any element of this Acceptable Use Policy shall
be subject to immediate suspension or termination
of service without further notice.
Suspension of Service or Cancellation:
Timesway Hosting reserves the right to suspend access to any customer if in the judgment of the Timesway Hosting system administrators the customer's account or server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Timesway Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts or servers were suspended.
Timesway Hosting reserves the right to amend its policies at any time. All Customers of Timesway Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
Indemnification Policy:
Timesway Hosting Web Services reserve the right
to refuse service to anyone for any reason not prohibited
by law. We also reserve the right to terminate service
to any customer for any reason not prohibited by
law. You agree to use all Timesway Hosting services
at your own risk. Timesway Hosting specifically
disclaims all warranties of merchantability and
fitness for a particular purpose. In no event shall
Timesway Hosting be liable for any loss, or loss
of data, or other commercial damage, including but
not limited to special, incidental, consequential
or other damages. Customer agrees that it shall
defend, indemnify, save and hold Timesway Hosting
harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney’s
fees asserted against Timesway Hosting, 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, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Timesway
Hosting against liabilities arising out of:
Any
injury to person or property caused by any products
sold or otherwise distributed in connection with
Timesway Hosting's servers
Any material supplied by customer
infringing or allegedly infringing on the proprietary
rights of a third party;
Copyright infringement and
Any defective products sold
to customer from Timesway Hosting servers, Timesway
Hosting shall be the sole arbiter as to what violates
this Policy.
Contact Information:
You must provide us with, and keep current, good contact information for you. E-mail contacts are used..
Timesway Hosting is not responsible for the content of any other websites linked to the Timesway Hosting servers; links are provided as Internet navigation tools only. Timesway Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Timesway Hosting is not responsible for any damages your business may suffer. Timesway Hosting does not make implied or written warranties for any of our services. Timesway Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Timesway Hosting.
It is absolutely forbidden to host pornographic content or IRC servers on Virtual Accounts. Virtual Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content:
You, as Timesway Hosting customer, are solely responsible for the content stored on and served by your Timesway Hosting server.
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At Timesway, Top Quality and Top Reliability won't cost
you Top Dollar.
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