The terms and conditions of this agreement and any rules and prices published on the Team Media LLC (the “Provider”) Web Site (http://www.teammediallc.com) constitute the entire and only agreement (collectively, the "Agreement") between the Provider and the Customer (hereby defined as one who has an account with the Provider for the Service, including Customer's designated users with respect to the Service) and supersede all other communications and agreements with regard to the subject matter hereof.
Agreeing to the Provider Agreement is mandatory for using the services. The Provider offers web hosting services to other web hosts, web development /design firms, Internet Service Providers (ISPs), businesses, and private end users.
Customer hereby represents and warrants that he or she is eighteen years of age or older, and is under no disability that would render him or her unable to enter into, be fully bound by and fully perform in accordance with the provisions of this Agreement.
The Customer must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the online order forms and any policies that are or may be published by the Provider. This Agreement will become effective when accepted by the Provider. The Provider reserves the right to modify this Service Agreement or prices, and may discontinue or revise any or all aspects of the Service in its sole discretion without prior notice. The Customer will be bound by the modified Agreement, prices and/or policies if the Customer continues to use the services. If any clause herein shall be found to contravene any law or ordinance in whole or in part, it shall be severed from the Agreement. The balance of the Agreement shall continue in full force and effect.
The Provider will setup the Customer’s account after payment has been verified and processed. The Customer must provide an email that is not based on the Domain Name that is being used for the Hosting Account. It is the Customer’s responsibility that the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. Security measures are taken to filter out fraudulent orders. The Provider makes no guarantees as to the timeliness of account setups.
Customers located outside of the United States or Canada must use a system of payment issued within the United States. The Customer agrees that the first name, last name, street address, and zip/postal code provided for their account profile is the same as the cardholder's for the Credit Card being used for payment of the account. Customer shall pay the hosting fees, and any charge for additional services under the terms of this Service Agreement, within seven (7) days of invoice. Invoices and receipts will be sent to the Customer via e-mail. Customer may not withhold or "setoff" any amounts due hereunder. The Provider retains the right to withhold service without prejudice until all amounts determined delinquent are paid in full. Any late payment shall be subject to any costs of collection (including but not limited to legal fees). The Customer acknowledges that the Provider will bill the credit card on file prior to the Payment Interval chosen. The Customer authorizes automatic billing by the Provider on an on-going basis during the term of this Agreement. All accounts will be billed at each designated interval (monthly, quarterly, semiannual, annually, biennially) automatically and without specific notice.
The Customer is responsible for terminating account(s) and associated billing except as noted here in cases of violation of the Provider policies. In the event that a credit card does not clear with the Customers or cardholder's bank, the Customer will be notified via e-mail. Delinquent accounts are those that remain unpaid after 3 days. Accounts that are delinquent will be placed on "administrative hold" or suspension and may not be used or accessed.
Notwithstanding any other rights the Provider may have in this Agreement, all of the Customer's website contents will be destroyed if the account is delinquent for 7 days. The Provider accounts continue to accrue charges while they are delinquent or if the Services are suspended. There will be a $50.00 processing fee for all illegitimate credit card chargeback’s.
For payment via Check or Money Order, orders will be fulfilled within 3 business days upon receipt of payment. E-mail notification will be sent 30 days prior to payment due date. Checks returned unpaid (NSF) will be accessed a $30.00 service charge. Past due accounts that are not brought current within 3 days of the e-mail notice are subject to suspension and possible account termination. Any Customer whose services are terminated or suspended will be asked to pay a reconnection fee to restart the account. Reconnection fee for suspended accounts is $25.00. Reconnection fee for accounts that have been terminated is $45.00.
You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of the Provider’s Services and that no taxing authorities shall have any claim against the Provider or any persons affiliated therewith for the payment of such taxes.
The Provider reserves the right to cancel service at any time for any reason. All fees paid in advance of cancellation will be pro-rated and paid by the Provider if we institute the right of cancellation. If cancellation is caused by Customer's violation of these policies, then no refund will be disbursed. Customer retains the right to cancel use of the Provider's Service at any time through the hosting control panel. Requests for cancellation must be received at the Provider's main office. All the Provider accounts must be paid in full before the cancellation transaction will be considered complete. All requests for cancellation must be submitted through the Billing Control Panel 10 days prior to renewal. If the Provider does not receive notice 10 days prior to the client's renewal date a service fee of $5.00 will be charged to client with no less than $5.00 for each day after billing date, plus any other fees associated with keeping the customers site online. Client's in good standing will always be given due consideration with respect to additional charges.
All accounts are canceled at the end of the current billing period unless a date of cancellation is specified. NO REFUNDS are given to customers who cancel their account prior to the end of the billing period (Except within the first 30 day) for remaining services. Resellers: Canceling your main reseller account will also cancel all resold accounts. A resold account can be converted to a normal account at the request of the reseller. A Request for conversion must be submitted to customer support 10 days prior to any current billing or cancellation. All applicable fees apply. All services are contracted per monthly, quarterly, semiannual, annually, and biennially are considered a single purchase for services for a specified period and not divisible outside of the initial contractual choice. Refunds made by the Provider for all payment systems (including Credit Card, Check, Money-Order, and Bank Transfer payments) at will be made via the Provider discretion.
Money Back Guarantee
The Provider features a 30-day money back guarantee on most accounts. the Provider's 30-day money back guarantee does not apply to Dedicated Servers, Co-Located Servers, Merchant Accounts, Reseller Plans, Domain Names, extra usage, or any fees associated with these services. If the Customer chooses to cancel their account within the first 30 days of NEW service and notifies us by submitting a request at: http://teammediallc.com/support.html, we will refund all routine account fees, exclusive of any set up or other fees. Accounts closed after the first 30 days of NEW service do not qualify for refund of any pre-paid fees.
The Provider offers existing cPanel users a free website content transfer option. The Provider will make every effort to help move the Customer’s website to the Provider’s servers. Transfers are provided as a courtesy service and the Providers make no guarantees regarding the availability, possibility, or timeliness of the account transfer. The Provider will only assist in the transfer of cPanel compatible hosting services. Free transfers are only offered the first 30 days of service.
Design & Maintenance
Customer is solely and exclusively responsible for design, development, content, update, refreshment, modification, etc with respect to the Customer’s web site. Customer must provide all software and other materials necessary to create and maintain Customer’s business or personal web site. Customer must provide all telephone, computer, hardware, software and equipment necessary to access and maintain web site on Provider’s servers.
The Provider's Service may only be used for lawful purposes. Transmission, distribution, or storage of any information, data, or material in violation of United States or Missouri State regulation or law, or by the common law, is prohibited. Customer will comply with all state, federal, and local laws (including, but not limited to export/import laws and laws relating to obscenity, copyright, trade mark, trade secret, libel, slander, and defamation). It is Customer’s sole responsibility to become familiar with and to comply with all laws that might relate to customer’s web page. The Provider reserves the right to remove any content, website, or account it deems in violation of the following policies;
Copyright: Use of our services to infringe upon any copyright or trademark is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. If you believe that an account is in violation of your copyright or trademark is being infringed upon, please email email@example.com with the information required.
Obscenity: Customer is solely responsible for the content of their web site; provided, however, that Customer hereby agrees that Customer will not, directly or indirectly, by its web site send, link to, submit, post receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism, or hate. If in doubt regarding the acceptability of your site or service, please contact us at firstname.lastname@example.org.
Other Materials: The following are examples of unacceptable material; Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites lis, listed at aa419.org & escrow-fraud.com), Mailer Pro.
The Provider strictly prohibits e-mail harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted. The Provider does not allow unsolicited e-mail. This includes Spamming and Bulk Mail sent to persons who have otherwise not requested to receive such mail. Spamming, or the sending of unsolicited e-mail or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an e-mail address or domain that is maintained on a the Provider machine as reference in that spam is STRICTLY prohibited. Domains and sites are subject to being canceled immediately as well as fined no less than $500 US. A user shall not use another site's mail server to relay mail without the express permission of the site. The Provider will be the sole arbiter as to what constitutes a violation of these provisions. Sending unsolicited commercial bulk email ("UCE"), news postings or chain letters; advertising transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending UCE; use of web pages that allow "spam"ing (known as "ghost sites") that directly or indirectly refers to domains or IP addresses hosted by the Provider. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is not acceptable. Customers may only send email to recipients who have joined mailing lists directly from their site.
Any Customer that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will result in immediate account suspension. The Customer will then be requested to either reduce the resource use to an acceptable level or pay for the additional hardware or the resource needed to compensate. The Provider shall be the sole arbiter of what is considered to be a high server usage level but some general information is listed below. Any use of the Provider's systems that disrupts the normal use of the system for other the Provider customers is considered to be abuse of the Provider services and is grounds for termination of this Service Agreement. Examples of system abuse (not limited to)include running excessive numbers of processes or consuming excessive amounts of CPU time, memory, disk space, attempting to access other Customers' account areas, or conducting provocative activities such as mass e-mailings (spam), which may result in retaliatory actions against the Provider's systems. Further, running programs in the background on a server without the Provider's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more than 1,000 emails a day and the like are not acceptable uses of our servers. Any usage of 10% or more of system resources for longer than 90 second period is an undue burden on the system is unacceptable. If the Customer's usage ever exceeds 25% of system resources in a 90 second period, the account may be terminated immediately and without prior notice.
Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
The Provider is not responsible for files and data residing on Customer's account. Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on the Provider servers. The Provider's back-up system is in place primarily as a disaster recovery system in case of a server crash or some similar catastrophe and should not be relied upon as Customer's sole source of backup protection. The Provider makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. If loss of data occurs due to an error of the Provider, the Provider will attempt to recover the data for no charge. Otherwise, the Provider will attempt to recover the data from the most recent archive for a $100 fee. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Resellers are responsible for billing, supporting, and monitoring their clients. The Provider does not provide support to the Reseller's Clients. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are responsible for all content stored or transmitted under their reseller account and the actions of their clients'. The Provider will hold any reseller responsible for any of their client’s actions that violate the law or the terms of service. If a violation does occur with one of the Reseller’s clients the provider will suspend the site in question and will notify the Reseller to terminate the account. We will further monitor the Resellers activity; more than one infraction of this type may result in the immediate termination of the Reseller account.
Customers may not use shared hosting accounts to resell web hosting to other people, if you wish to resell hosting you must use a reseller account. If the Provider finds that a Customer is using a shared hosting account as a reseller account the Provider has the right to suspend and subsequently terminate the account.
CDA / DMCA
The Customer agrees to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that the Provider is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, the Provider will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, the Provider has a policy of terminating accountholders who are copyright infringes. The Provider reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to the Customer's website) if any third-party claim is made that the Customer's website content or use violates any of the acceptable uses or the obligations or representations described in this Agreement.
Depending upon the nature and severity of any abuses, the Customer may receive a courteous e-mail warning detailing the nature of the abuse. If the abuse of services is not terminated within one (1) day, a final e-mail will be sent to the customer formally requesting termination of the stated abuse. Customer then must terminate stated abuse within one (1) day, otherwise the Service Agreement will be terminated. Any reconnection of a terminated account will require a reconnection fee. The Provider's may, at our sole discretion, terminate the Service Agreement and the Customer's account immediately without written notification prior to termination. The Provider reserves the right to deny all future access upon termination.
The Provider acknowledges and agrees that in the course of dealings with Customer, it may acquire information about Customer, its business activities and operations, its technical information and trade secrets, of a highly confidential and proprietary nature. The Provider agrees that title to all such information and related materials shall remain with the Customer. All applicable copyrights, trade secrets, patents and other intellectual and property rights in such information and related material are and remain in the property of the Customer. All other aspects of the information and related material, including without limitation, technologies, procedures, programs, methods of processing, all source code, conversions, enhancements, databases, templates, specific design and structure of individual programs and their interaction and unique programming techniques employed therein as well as screen formats shall remain the sole and exclusive property of the Customer and shall not in any way be sold, revealed, disclosed or otherwise communicated, directly or indirectly, by the Provider to any person, company or institution whatsoever other than for the purposes set forth herein. It is expressly understood that no title to or ownership of such information or any part thereof is hereby transferred to the Provider.
The Customer agrees to indemnify, defend and hold the Provider and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to the use of the Services, violation of any of the provisions of this Agreement or from the placement or transmission of any materials or content onto the Provider's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to the Customer's business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to the Provider's equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by the Customer, their representative(s) or their designees; (c) any personal injury or property damage arising out of activities related to the Services, unless such injury or property damage is caused solely by the Provider's gross negligence or willful misconduct; and (d) any other damage arising from the Customer's equipment or business.
By using the Providers services, you agree to submit to binding arbitration. If any disputes or claims arise against the Provider or its subsidiaries, such disputes will be handled by an arbitrator of the Provider's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Missouri. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. The Customer is responsible for any and all costs related to such arbitration.
The Customer hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the state and federal courts located in Springfield, Missouri, for any action, suit or proceeding arising out of or relating to this Agreement and the arbitration contemplated by this Section.
Customer expressly agrees that use of the provider's service is at customer's sole risk. neither the provider nor any of its information providers, licenses, employees, or agents warrant that the service will be uninterrupted or error free; nor does the provider or any of its information providers, licenses, employees, or agents make any warranty as to the results to be obtained from use of the service. the service is distributed on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this service agreement. neither the provider nor anyone else involved in creating, producing or delivering the service shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to use the service or out of any breach of any warranty. Customer expressly acknowledges that the provision of this paragraph shall also apply to all third party content and any other content available through the service.
Disclosure to Law Enforcement
The Provider reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason it in good faith deems necessary. The Provider will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not the Provider's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.