- TOS

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This document contains important information regarding the Terms and Conditions of Service which apply to your account with Timberland Hosting. Please note that the information contained herein is subject to change without notice.

This Contract, together with the Acceptable Usage Policy, all applicable policies and quotes, price lists and software license agreements of and third parties (collectively "The Agreement" or "This Agreement") represents the complete agreement and understanding between account.

 
ToS
TimberlandHosting.com TOS
 

General Provisions

In consideration for Timberland Hosting maintaining one or more accounts (each "Account"), you agree to the following terms and conditions.

Definitions

"We" "Us" or "Provider" or "Timberland Hosting." Timberland Hosting, INC.

"You" "Your" "Client" "Customer" or "Member." Each person or entity who applies for internet service or is a designate of any one who applies for internet service.

Disclaimer of Warranty

The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. Timberland Hosting will pursue all resources and channels available to maintain availability to you, however, Timberland Hosting is not responsible for any interruption in service or down time that may occur, whether due to an act of God or negligence of Timberland Hosting. If you are not satisfied with such occurrence of interruption or down time, your only recourse is to relocate your domain and service to another provider.

Timberland Hosting makes no express or implied warranties (including but not limited to warranties of non-infringement, merchantability or fitness for a particular use) with respect to the services it provides. Neither Timberland Hosting nor any one else involved in the provision of Service is liable to client or any third-party for direct or indirect damages resulting from the use, non-use or non-availability of services provided herein, whether or not such damages resulted from the negligence of Timberland Hosting or an act of God, even if Timberland Hosting has been advised to the possibility of such damages.

Services Provided by Timberland Hosting

Timberland Hosting will provide Internet server space rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Timberland Hosting members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Timberland Hosting' members will use the provided services in a manner consistent with any and all applicable laws of the State of Illinois, California, Ohio, Florida, Minnesota and the US Federal Government. Timberland Hosting provides the services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, Timberland Hosting can terminate client's account without notification.

Client Content Client shall have proper rights and/or have paid licensing fees for content, including but not limited to, graphics, HTML, sources, material and development tools. Client agrees that web pages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of Timberland Hosting or any third party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate, contain viruses or other computer programming defects which result in damage to Timberland Hosting or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk emailing, unsolicited email, newsgroup spamming, pornographic content or links to adult websites, copyrighted MP3's, illegal content, copyright infringement, trademark infringement, Warez, cracks or software serial numbers. Files with the extentions exe, cmd, bat, com, htw, ida, idq, printer are not allowed. Client agrees to remove any and all content which shall be disputed by third parties until proper resolution of claims of ownership and/or intellectual property rights are resolved. Furthermore, client agrees to pay for any and all legal fees and judgments incurred by Timberland Hosting for defense resulting from litigation/lawsuit arising from disputes of content ownership. In addition to a $450 none refundable charge to cover Timberland Hosting' time in disputes of content that the client (You) are at fault.

Client is responsible for any and all content placed for hosting with Timberland Hosting, without exception.

Bandwidth Usage Timberland Hosting offers a generous amount of data transfer per month. Accounts that use over their account limit per month will be charged the currently listed price per gig each month. Timberland Hosting reserves the right to impose the Excessive Resource User Policy for the consideration of all customers.

Excessive Resource User Policy Resources are defined as bandwidth and/or processor utilization. When a website is found to be monopolizing the resources available, Timberland Hosting reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Timberland Hosting will be the sole and final arbiter as to what constitutes a violation of this policy.

No "Spam" UCE/UBE or "Spam" originating from a Timberland Hosting account or associated with a Timberland Hosting account is not tolerated. This includes any e-mail that promotes web sites hosted on a Timberland Hosting account but is sent from an e-mail address not associated with that Timberland Hosting account. Client shall not use their Timberland Hosting services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Timberland Hosting reserves the right to deactivate or terminate any Account(s) upon any indication of such activity without notice.  Violators and accounts cancelled due to Spam will be charged a clean-up fee of no less than one thousand dollars ($1000).

False Information Client agrees not to post false or inaccurate information to news groups in violation of the news groupsí rules and regulations. If any news groups or service provider contact Timberland Hosting concerning unethical, false or unlawful activities by you, Timberland Hosting reserves the right to terminate your service without notice.

Licensed Software Only Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files Timberland Hosting will make every reasonable effort to protect and backup data for Client on a regular basis, however Timberland Hosting does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Timberland Hosting  is not be responsible for incremental changes in clients data. Tape back-up devices are for the purposes of restoring catastrophic failures within Timberland Hosting' and not for restoration of client data in instances where client failed to take proper precautions against data corruption or errors of client. There is an initial fee of $300 plus $250 per hour for our administrators to retrieve clients back-up files. Backups are held off site and may take up to 7 days to receive and review.  Client is solely responsible for independent backup of data stored on providers server and network.

One domain per account Client agrees to point only one (1) domain name to each account. Sub domains, use of domain forwarding services, and sharing web space is strictly prohibited.

Service Window  Timberland Hosting reserves the right to restrict availably to site(s) during pre-designated hours in cases where emergency service maintenance is required. These outages do not qualify for any type of discount or refund. Service times will be listed on the opening page of the site when emergency maintenance is scheduled.

Responsible Internet Use

Client is responsible for their conduct while using the services of Timberland Hosting, without exception.

Domain Registration/Fees

Client is responsible for all domain registration fees to the Internic and other registration services.  In the event of domain name ownership disputes, Timberland Hosting shall disable the use of the domain until the conflict is resolved.

Liability

In the event of outages, including but not limited to, Internet backbone outages, router flaps, disconnected service, common carrier interruptions, strike, war, weather or other circumstances deemed an "act of God", the liability of Timberland Hosting shall be limited to the prorated refund of services for the time of the service interruption. 

Timberland Hosting  is not be responsible for incremental changes in clients data. Tape back-up devices are for the purposes of restoring catastrophic failures within Timberland Hosting' and not for restoration of client data in instances where client failed to take proper precautions against data corruption or errors of client. There is an initial fee of $300 plus $250 per hour for our administrators to retrieve clients back-up files. Client is solely responsible for independent backup of data stored on providers server and network.

Adult content

Any and all sites with adult content MUST have the following Meta Tag information with in all pages of the site with no exceptions:

<meta NAME="rating" CONTENT="adult">

Any and all site's with adult content MUST have the following  information with in Index or main page of the site with no exceptions:

Warning! This site contains explicit sexually oriented material. By entering this site you acknowledge that you are 18 years of age or older. WARNING: FOR ADULTS ONLY yourname includes explicit visual, audio, and/or textual depictions of nudity and heterosexual, bi-sexual, homosexual, and transsexual situations of a sexual nature. Persons under eighteen (18) years of age, and persons who may be offended by such depictions, are not authorized by yourname and are forbidden to directly or indirectly access, download, acquire, view, read, listen to, or possess any materials, including, photographs, video files, sound files, textual materials, advertisements, or other communications, messages or other content at, in, or through yourname , nor place any order for any goods or services at, in, or through connection to or from, yourname . If you are under the age of eighteen (18) years, are offended by such materials, or are acting on behalf of any governmental agency, you are NOT AUTHORIZED to download any materials from, at or inside this adult site.

Adult content is only permitted on specific plans. Use of such content on a non-adult plan is a violation of the terms of service and other applicable policies.

 

A non-refundable $250 fine will be applied to any account in violation of the above mentioned in addition to other applicable fees including bandwidth overages and suspension fees..

Client will not use Timberland Hosting for the intentional display of information for the purposes of inflicting emotional distress upon others, including but not limited to publishing personal information of others, libelous/slanderous publishing or that of racial/ethnocentric/"hate crimes".

SPAM

Use of domains hosted by Timberland Hosting in sending unsolicited e-mail messages including bulk commercial advertising or informational announcements ("Spam") is strictly forbidden and Timberland Hosting will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Timberland Hosting liquidated damages of fifteen dollars ($15.00) for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account, otherwise you agree to pay Timberland Hosting' actual damages, to the extent such actual damages can be reasonably calculated.

Timberland Hosting may elect to send notice of any violations to the User before termination, but is not required to do so. When an account has been terminated or suspended, the reactivation of the old account or the acquiring of a new account will only be allowed by express approval of Timberland Hosting once an investigation has been completed by Timberland Hosting. The account may be held responsible for any charges associated with installation or activation, whether it is for a new account or an existing suspended or terminated account.

Payment Obligations, Renewals, Cancellations

Payment Obligations: Full payment is required in advance before hosting service is established. You grant Timberland Hosting the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by Timberland Hosting according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that Timberland Hosting may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax unless an account is overdue. Timberland Hosting reserves the right to suspend an account and its Web site(s) if, for any reason, we are not able to process payment through the credit card provided by the member (e.g., card has expired, account number has changed). You can update this information through the "Update Billing Info" link in the account management area. If payment was not received by the renewal date, your account will be terminated or suspended. Once your account is terminated or suspended, you will need to pay for the applicable fees to reopen the account. Suspended accounts will continue to accrue late charges until reinstated or properly cancelled, even if the account is not being used by you, the account holder. You are responsible for any account opened by you until payment is made in full. Accounts which are delinquent may be suspended, archived or terminated from the Timberland Hosting system.

For international customers, if you are sending a check/money order the amount must be drawn in US dollars. All T/T (wire) payments must include a $30 processing fee with each payment. Timberland Hosting charges a 20% processing fee on all refunds.

All accounts that are past due by more than 5 calendar days are subject to a $9.95 late Fee and suspension of account(s) and service(s) without further notice. With all suspensions, a $25.00 reinstatement fee will apply to reactivate the account(s) and service(s) again.
If customer's account is in default and their account is sent to collections, customer will be responsible for any collections fees that may apply.

All accounts that are terminated are subject to a $250 reinstatement fee to reactivate the account(s) and service(s) again.
Accounts which have been suspended or deleted will continue to occur fees and collection charges until properly cancelled.

 

Billing Periods: Timberland Hosting bills on a monthly, quarterly or yearly cycle, depending on what option and plan has been selected. Account information will be sent to you after we have processed your order. Prompt payment is necessary to ensure uninterrupted service of your account. Your account will normally be charged between the First (1st) and the Fifteenth (15th) day of the billing month.

Any account created between the First (1st) & Twenty Fifth (25th) day of the month will be immediately charged for the current month. Any account created between the Twenty Sixth (26th) and the last day of the month will be immediately charged for the upcoming month.

Renewals: Your account will be automatically renewed under a monthly structure and current hosting plan price unless you have given written notice to Timberland Hosting within Thirty (30) days before the renewal date that you do not wish to renew such account.

Cancellation:  Client can terminate services at any time. Termination will begin on the first day of the month after notification. Notification must be in writing to our offices or via the cancellation form (located in our online billing system). Under no circumstances will cancellations be accepted via informal electronic mail or oral notification via telephone calls to our offices.

Client is responsible for all charges leading to the first day of termination. Client is responsible for any and all fees in transferring domain name. Upon termination, Timberland Hosting is not responsible for any and all transactions of customers domain including but not limited to data storage, electronic mail reception, data forwarding, domain name service, tape back-ups or web site notifications/forwarding or change of address messages.

Submission of a cancellation request does not automatically complete the cancellation request. Your account may be past due or delinquent in which case the balance must be settled before cancellation of an account can be possible. Domain name transfers, non-usage, Internic problems, ISP problems, or any other secondary issues not directly related to Timberland Hosting services does not qualify an account for cancellation. Customers are urged to make sure that they receive a cancellation confirmation from Timberland Hosting, indicating the closure of a domain and/or an account has been completed. Please be advised that the cancellation of the account does not release you from financial responsibility. If your account has a past due balance and you are not eligible for a refund, our Accounting department will continue collection efforts.

 

Fraudulent Chargebacks:  Timberland Hosting, INC takes fraudulent chargebacks very seriously. Should you fraudulently charge back your credit card we will dispute the chargeback with supporting documentation and report the fraudulent chargeback to law enforcement authorities and related financial agencies.

Should we be unable to collect this fee we may report your account to a collection agency (damaging your credit) to collect it for us. For business account we may also inform BBB and other business reporting sites notifying potential customers of the account holders fraudulent activity.

A chargeback should be the last line of customer protection used in obviously fraudulent situations. Because of our business ethics and customer care programs - chargebacks should never be necessary. Always work with us on issues - we are more than happy to help as possible.

Supplemental Fees

Technical support is limited to the set-up, configuration, immediate operation of clients web site. Other technical support including, but not limited to, HTML authoring techniques, Java, JavaScript, CGI access, Perl and DNS shall be at the consulting rate of $125 per hour.

Custom programming of features/access is available at the rate of $125 per hour.

 

Waiver Of Jury Trial

You hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of these Terms. The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims. You acknowledge that the waiver is a material inducement for you to enter into a business relationship with Timberland Hosting, that you have already relied on the waiver in entering into these Terms and that you will continue to rely on the waiver in all related future dealings. You further warrant and represent that you have had the opportunity to have legal counsel review the waiver. The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.

 

Miscellaneous

These Terms shall bind and benefit the successors and heirs of the parties.

By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and state court of the Commonwealth of Minnesota having jurisdiction over you.

 
 
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