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Standard Terms & Conditions
By purchasing and/or by using our services, you state that you agree to the following terms.
Breaches of any of the following standard terms and conditions will result in the immediate
removal of your site(s), domain name(s) from our servers or services with us. Any such removal does not release you from your
other legal obligations and liabilities to us as detailed below.
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1. APPROPRIATE USE OF THE 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 TGS server in connection with Client's use of
the Services which: violate any law, foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark,
patent or other proprietary rights) of TGS 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 TGS policy posted on the TGS Site including, but not limited
to, our Acceptable Use Policy (includes
Adult Content Policy), SPAM Policy, and CGI Abuse Policy.
contain viruses or other computer programming defects which result in
damage to TGS or any third party.
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Bandwidth & Disk Space
Client may occupy only the amount of disk space on the
TGS Server and utilize no more than the network bandwidth that is allotted
by TGS. Additional fees, specified in the Hosting plans page, will be
charged for exceeding the disk space and/or network bandwidth allowance
of your selected plan.
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No "SPAM"
Client shall not use the Services for chain letters,
junk mail, spamming, or any use of distribution lists to any person who
has not given specific permission to be included in such a process.
Client also shall not engage in any unsolicited E-mail practices at TGS,
or otherwise, that mentions or reference any domain hosted on TGS servers
or parked on TGS DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER
ACCOUNTS, AFFILIATES AND THEIR ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL
DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators
will be fined! ).
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Licensed Software Only
Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
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Back-Up Files
Client will have the ability to reinstate files which are automatically
archived by TGS; however, TGS 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. Backup capability is available through the Client’s
FTP Control Panel. Termination. TGS reserves the right
to refuse service to anyone. TGS, 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@trigemsolutions.com.
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2. PAYMENT OBLIGATIONS
Service Fees
By the End of your Billing Cycle which is the 15th or
the last day of every month, TGS shall either (i) debit Client's credit
card (where such information is provided by Client) or (ii) deliver by e-mail
or regular mail an invoice to Client in accordance with the applicable
Services fees for services rendered for the current month. Where an invoice
is delivered to Client, Client shall remit payment to TGS by no later
than the specified payment due date. TGS shall be entitled to immediately
terminate this Agreement for Client's failure to make timely payments to
TGS. Certain services carry a set-up fee charged by TGS to Client that
must be paid by Client in order to have use of the Services. If Client
terminates this Agreement in accordance with Section 4 hereunder, Client shall
be responsible for any outstanding fees owed to TGS and agrees to pay
any and all fees incurred by Client. Because the Services are provided
on a monthly basis, Client will be responsible for Service fees incurred
each month regardless of when Client provides notice of termination. Thus,
for example, if Client provides notice to terminate in the middle of a billing
cycle of a particular month, Client will still owe fees for the entire
month and such fees will not be pro-rated or refunded. If Client has retained
the Services for one (1) year and has pre-paid TGS for such Services,
refunds will be issued for any unused full month portions of the Services
upon Clients request. Therefore, if Client's account is cancelled at any
point during the one (1) year term, Client will be entitled to a refund
for the months remaining after notice given by the 25th of the preceding
month. Domain Names. If Client chooses to
register a domain name(s) through TGS, Client acknowledges and agrees
that Client will pay a registration fee(s) to register the domain name(s)
with the applicable domain name registrar. TGS does not offer refunds for domain
name registrations for any reason, including misspelling of the domain name.
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3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall TGS 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 TGS 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.
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4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement
shall be effective on the date you register for the Services, and shall
continue in effect on a month-to-month basis unless otherwise specified by
separate agreement (the "Term") unless terminated earlier pursuant
to the provisions of this Section 4. Either party will have the right
to terminate this Agreement upon notice to the other party. If Client is terminating
this Agreement, Client must follow instructions for cancellation provided
via E-Mail. The essence of this E-Mail states that Client must contact the
TGS to receive a cancellation number, which Client shall retain as proof
of termination, and all cancellation requests must be received by the Twenty-Fifth
(25th) of the respective month of cancellation. Any other attempt by
Client to cancel this Agreement by written or e-mail notice shall be
void. Sections 3 - 7 shall survive termination or expiration of this
Agreement. If Client terminates its account, Client shall be allowed to re-instate
Client's use of the Services within Seven (7) business days of cancellation.
Client shall pay a fee of Fifty US dollars ($ 50/-) prior to any re-instatement
of Client's account. Once payment has been received, Client's account
will be activated within Forty-Eight (48) business hours. TGS will maintain
an archival copy of Client's Web site for Seven (7) days after TGS receives
notice of cancellation. Thereafter, Client will need to place a new order
if it wishes to subscribe to the Services.
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5. TAXES
Client will pay and indemnify and hold TGS 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.
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6. DISCLAIMER OF WARRANTY
THE SERVICES, THE TGS SITE, INCLUDING WITHOUT LIMITATION,
ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE TGS SITE, AND ALL
TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS'
BASIS AND WITHOUT WARRANTY OF ANY KIND. TGS 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, TGS 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.
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7. LIMITATION OF LIABILITY
IN NO EVENT SHALL TGS BE LIABLE FOR DAMAGES RESULTING
FROM LOSS OF DATA, PROFITS, USE OF THE TGS SITE OR ANY TGS 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.
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These terms and conditions may be updated from time to time, and any such
variation will be published in this section of our website and be effective immediately.
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At TriGem Solutions, you get all the support you probably ever dreamt of...
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