This Services Agreement (the "Agreement") contains
the complete terms and conditions which govern your subscription
of Web hosting, e-Commerce and other Internet-related services
provided by Tekhead LLC. (the "Services"). As used
in this Agreement, "Tekhead" means Tekhead LLC.
and "Client", "you", or "your"
means you. By clicking on the "Submit Order" button,
you acknowledge that you have read the Agreement, and you
agree to its terms and conditions and all policies posted
on the Tekhead site. As referred to in this Agreement, "Site"
refers to a World Wide Web site and "Tekhead Site"
refers to the Site located at the URL http://www.tekhead.biz,
or any other successor Sites owned or maintained by Tekhead
LLC.
1. APPROPRIATE USE OF THE SERVICES
Tekhead 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.
Client Content. Client agrees that it will not distribute,
electronically transmit or display any materials supplied
by Client - or through Client by a third party - to any Tekhead
server in connection with Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of Tekhead
or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes
hate
violate any Tekhead policy posted on the Tekhead Site including,
but not limited to, our Acceptable Use Policy (includes Adult
Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
contain viruses or other computer programming defects which
result in damage to Tekhead or any third party.
UCE (SPAM) Policy. Tekhead is committed
to a zero-tolerance, anti-Spamming policy. Under this policy,
we prohibit Spam, or any unsolicited commercial email, from
being sent either: Over the Tekhead network, by customers
or any other users of the Tekhead network (including customers'
customers); AND/OR over ANY network— if the message
sent advertises or mentions a site hosted on the Tekhead
server.
We react quickly and seriously to violations, and we further
reserve the right to terminate the services, without prior
notice, of any customer disregarding this policy. Sending
unsolicited commercial email (a.k.a. "spam"), cross-posting
messages to a large number of usenet groups, posting obscene
or threatening messages while using or referring to a Tekhead
email address or web site URL is prohibited. The use of Tekhead
servers as a mail drop for responses to activities described
above is also prohibited. Accounts canceled due to spam will
be billed a "clean up" fee of $100.
If you have any complaints or comments regarding Spam on our
network, please direct them via email to
abuse@tekhead.biz.
CGI Abuse Policy. Each account comes with
its own cgi-bin. You are free to use any CGI scripts you wish,
however we reserve the right to disable any CGI script that
effects normal server operation or service to other Tekhead
customers. You will be notified in 24 hours about offending
cgi script. No chat room or similar scripts allowed.
Chat. Tekhead does not allow chat rooms.
You can however link your site to a chat provider. Some examples
of chat providers are: www.humanclick.com, www.liveperson.com,
and www.livehumanhelp.com.
Bandwidth. Client may occupy only the amount of disk
space on the Tekhead Server and utilize no more than the
network bandwidth that is allotted by Tekhead. Additional
fees, specified in the Products page, will be charged for
exceeding the disk space and/or network bandwidth allowance
of your selected plan.
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 and Processing. Client will have the
ability to reinstate files which are automatically archived
by Tekhead; however, Tekhead does not guarantee the existence,
accuracy, or regularity of its backup services on Virtual
Servers and, therefore, Client is responsible for making back-up
files in connection with its use of the Services.
3rd Party Software. We offer 3rd party software for
managing your accounts, such as CPanel. Tekhead has no access
or rights to 3rd party software code and therefore cannot
guaranee the accuracy or performance of the software, including
but not limited to functionality, backup processing, reports
& statistics. Tekhead will provide first line support
for standard software offered with our packages and will report
bugs and work with the individual vendors to address product
performance issues.
Termination. Tekhead reserves the right to refuse
service to anyone. Tekhead, in its sole discretion, may immediately
terminate this Agreement if Client engages in any of the foregoing.
To report any unacceptable behavior by a third party using
the Services, please contact abuse@tekhead.biz.
2. PAYMENT OBLIGATIONS
Service Fees. Full payment is required before any
hosting service is rendered, which includes renewals. All
payment-due notices will be sent by postal and/or electronic
mail. Prepayment is due each anniversary (one month one quarter,
one year) following the date the account was established.
Billing will continue until you cancel your hosting account.
You may cancel at anytime. As a policy, we do not offer credits
or refunds for hosting time already expended.
Taxes. Customer will be responsible for and will
pay in full, any taxes and similar fees now in force or enacted
in the future imposed on the transaction and/or the delivery
of Services.
Domain Names. If Client chooses to register a domain
name(s) through Tekhead, Client acknowledges and agrees that
Client will pay a registration fee(s) to register the domain
name(s) with the applicable domain name registrar. Tekhead
does not offer refunds for domain name registrations for any
reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Tekhead be liable
to any third party for Client's breach or alleged breach of
any of the terms and conditions set forth in this Agreement.
Client agrees to defend, indemnify and hold harmless Tekhead
from any and all expenses, losses, liabilities, damages or
third party claims resulting from Client's breach or alleged
breach of any Client obligations set forth hereunder.
4. TERMINATION & SUSPENSION OF SERVICE
You
may cancel at anytime. To cancel your account, please contact
Customer Service at support@tekhead.biz.
Notification of cancellation must be received at least five
business days prior to your cycle date, with the cycle date
being the day of the month you sign up, in order to avoid
charges in full for the next cycle. It is the Clients Responsibility
to secure email confirmation from Tekhead that account has
been cancelled. If the client has not yet received email confirmation
of account cancellation, then the account remains active,
and you will continue to be invoiced.
If Client has a balance due at the time of cancellation, this
balance must be paid in full. Cancellation does not absolve
Client of any outstanding financial obligations.
If Tekhead suspends a virtual account for non-payment, Client
shall be allowed to re-instate Client's use of the Services
within Five (5) business days of cancellation upon approval
from Tekhead and full payment of balances due.
If a Client terminates their account, Tekhead will disable
the server/account the day the client specifies the account
is cancelled. Tekhead will not maintain an archival copy
of the Clients Web site or files. It is the responsibility
of the Client to remove any data off the server prior to the
date provided in their cancellation notice.
5. TAXES
Client will pay and indemnify and hold Tekhead harmless from
any and all taxes associated with or arising from Client's
use of the Services, including any penalties and interest
and any costs associated with the collection or withholding
thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE Tekhead SITE, INCLUDING WITHOUT LIMITATION,
ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Tekhead
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED
TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY
KIND. Tekhead DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Tekhead
SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED;
(3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND
(4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL Tekhead BE LIABLE FOR DAMAGES RESULTING
FROM LOSS OF DATA, PROFITS, USE OF THE Tekhead SITE OR ANY
Tekhead PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT,
PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS
AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED
HEREUNDER. IN NO EVENT SHALL Tekhead CUMULATIVE LIABILITY
EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
8. MISCELLANEOUS
If any of the provisions, or portions thereof, of this Agreement
are found to be invalid under any applicable statute or rule
of law, then, that provision notwithstanding, this Agreement
shall remain in full force and effect and such provision or
portion thereof shall be deemed omitted. This Agreement (including
the Exhibits, attachments and/or addenda, if any,) represents
the entire agreement of the parties with respect of the subject
matter hereof and supersedes all prior and/or contemporaneous
agreements or understandings, written or oral between the
parties with respect to the subject matter hereof. This Agreement
and the rights granted and obligations undertaken hereunder
may not be transferred, assigned or delegated in any manner
by Client, but may be so transferred, assigned or delegated
by Tekhead. Any waiver or any provision of this Agreement,
or a delay by any party in the enforcement of any right hereunder,
shall neither be construed as a continuing waiver nor create
an expectation of non-enforcement of that or any other provision
or right. In any legal proceeding between the parties under
this Agreement, the prevailing party shall be entitled to
recover its costs, expenses and reasonable attorneys' fees.
This Agreement is made under and shall be governed by the
laws of the United States of America, except with regard to
it’s conflict of law rules. This Agreement and Tekhead’s
policies are subject to change by Tekhead without notice.
Continued usage of the Services after a change to this Agreement
by Tekhead or after a new policy is implemented and posted
on the Tekhead Site constitutes your acceptance of such change
or policy. We encourage you to regularly check the Tekhead
Site for any changes or additions.
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