Terms of Service and Client Agreement
Part 1 Introduction
Section 1.1 General Provisions
1.1.1 READ THESE TERMS CAREFULLY BEFORE USING THE INTERNET BUSINESS SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CLICKING ON THE BUTTON MARKED “I ACCEPT” IN CONJUNCTION WITH SIGNING UP FOR ANY OF THESE FREE OR PAID SERVICES AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
1.1.2 The following Terms of Service and Client Agreement ("Agreement") is between you, the person or entity who is applying for Internet Business services ("Client") and Ishway, Inc, dba TurboSites.com, ("TurboSites"), a Delaware corporation, with offices at 1504 N.700 W., Mapleton, UT 84664.
1.1.3 TurboSites may amend this Agreement at any time by posting the amended Agreement on its web site with the effective date of any such amendment being the date on which the amended Agreement is so posted. In addition, TurboSites will e-mail Client a notice of the amended Agreement.
Section 1.2 Client Qualifications and Obligations
1.2.1 By accepting the terms and conditions of this Agreement, Client represents and warrants that he or she is at least 18 years of age and is the authorized representative of the organization or entity that he or she purports to represent. Client also represents and warrants that he or she has the power and authority to perform his or her obligations under this Agreement,
Section 1.3 Reporting a Violation of Terms of Service.
1.3.1 If Client witnesses a violation of the Terms of Service set forth in this Agreement, please notify TurboSites at email@example.com. TurboSites may investigate complaints but TurboSites is under no obligation to act or not act with regards to any complaint. Any action taken will be at the sole discretion of TurboSites. Notice of violations should be directed to:
Part 2 Description of Services
Section 2.1 Services That TurboSites Provides
2.1.1 TurboSites is in the business of offering, among other things, various web site hosting plans (“Plans”) that allow Clients to have a business site available on the World Wide Web portion of the Internet (“Web Site”) containing Client-authored information (“Content”). TurboSites also provides software and content tools for Internet business web sites (“Tools”) and provides various other Internet business services (collectively referred to herein along with the foregoing Plans and Tools as “Services”). These Services include both no cost (“Free”) and paid (“Paid”) service levels. TurboSites also provides certain premium Paid hosting Plans that (i) feature full Unix accounts and server control (“Virtual Servers”) and (ii) dedicated Unix or NT servers (“Dedicated Servers”). All Services are described in detail on the TurboSites web site.
2.1.2 These Services are provided exclusively for for-profit and not-for-profit businesses or organizations. TurboSites does not provide hosting services for personal home pages.
2.1.3 TurboSites reserves the rights to modify, cancel, or otherwise change any or all of these Services at any time after notifying any affected Clients of the changes. Without limiting the generality or effect of the foregoing, TurboSites may also add, delete or modify some or all of its Services at any time at its sole discretion.
2.1.4 TurboSites provides to Client a server system that is connected to the Internet (“Physical Servers”).The Physical Servers are maintained in such a manner that Client’s Web Site and/or Services are available for public access via the World Wide Web portion of the Internet on a 24-hour-a-day, 7-day-a-week basis, with the exception of scheduled maintenance downtime and events beyond TurboSites’ control caused by, for example, acts of nature, loss of electrical power, third-party equipment or transmission failures, or security breaches. Client agrees to these periodically scheduled maintenance downtime periods. TurboSites may provide prior notice of the maintenance downtime to Client, except when circumstances beyond TurboSites’ control limit its ability to do so. TurboSites makes no guarantee or warranty, as per Section 5.5 below, as to the availability of the TurboSites.com web site, the Physical Servers, or the Services available there through.
2.1.5 TurboSites maintains and controls ownership of all IP numbers and addresses that may be assigned to Client, and TurboSites reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
Section 2.2 Services That TurboSites Does Not Provide
2.2.1 Although TurboSites will make reasonable efforts to protect and backup data for Client on a regular basis, TurboSites is not responsible for any data or web materials residing on Client’s web site. Client is ultimately and solely responsible for the backup of all materials stored on the web site. In the event Client needs to recover backed up materials from TurboSites, providing such backups are available, service fees may be charged for this service.
2.2.2 Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access TurboSites and Client’s web site. TurboSites makes no representations, warranties, or assurances that Client’s equipment will be compatible with its service.
2.2.3 Client Web Sites may contain links to third party sites that are not owned or operated by TurboSites or Client. TurboSites is not responsible for any materials posted or maintained on such sites.
2.2.4 Clients are responsible for all transactions or arrangements that their customers may enter into with Client. Client bears the entire responsibility for any liability that they may incur.
2.2.5 TurboSites does not monitor, guarantee or enforce any transactions or obligations arising out of any transactions between Clients and their customers. TurboSites makes reasonable commercial efforts to assure that its Clients are reputable but cannot guarantee the content, goods and/or services that they provide.
Part 3 General Client Obligations
Section 3.1 Remedies for Breach of Obligations
3.1.1 Client agrees to all the terms of service stated in this Agreement and acknowledges that failure to follow these terms will result in the suspension of Services and/or the suspension or removal of Web Sites provided under this Agreement. TurboSites will make reasonable efforts to alert Client to any content or activities that are in breach of this Agreement and allow Client an opportunity to cure them within a 12-hour period after discovery. The previous statement notwithstanding, TurboSites reserves the right to immediately terminate Client’s Services if it is determined, in TurboSites’ sole discretion, that Client has egregiously or maliciously breached any terms of this Agreement. In these instances, Paid Clients expressly agree that: (i) Client shall not have any opportunity to cure, (ii) Client shall not be entitled to a refund of any fees already paid to TurboSites, and (iii) Client shall promptly pay a $250.00 clean-up / disconnection fee to TurboSites which will be billed to Client’s credit card.
3.1.2 As the author of a Web Site hosted on TurboSites, Client takes full responsibility for his or her Content and management thereof. Even though TurboSites does not review Client’s Content before it appears on the Web Sites. TurboSites reserves the right to review or monitor Content posted by a Client to verify that Client is in compliance with this Agreement; however TurboSites is not responsible for such Content. TurboSites reserves the right to edit, delete or otherwise modify any Content that TurboSites determines, in its sole discretion, violates this Agreement.
Section 3.2 Unacceptable Use of Services
3.2.1 TurboSites does not (i) accept sites containing any content deemed inappropriate as outlined below (ii) allow its Tools and other Services to be used with any external sites containing any content deemed inappropriate as outlined below. Accordingly, Client agrees to not utilize TurboSites’ Services for any activities that: (i) constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws; (ii) involve the display, sale, distribution or creation of any pornographic, overtly sexual, obscene, or otherwise offensive content or goods or any hyperlinks to like material; (iii) infringe the rights of any third party, including but not limited to the intellectual property, business, contractual or fiduciary rights of others, including violations of copyrights held by others; (iv) defame, impersonate or invade the privacy of any third party, entity, or religious group, promote violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (v) modify any TurboSites copyright notices or scripts without obtaining TurboSites’ prior written consent; (vi) provide mirroring service for other web sites; (vii) are in any way connected with any unethical marketing practices, pyramid schemes, Ponzi schemes, gambling, or promotion of gambling; (viii) are determined, by TurboSites sole discretion, to cause CPU processing capacity on the Physical Server in excess of the designed processing capacity .
Section 3.3 Unacceptable Activities Involving Electronic Mail
3.3.1 Client is expressly prohibited from sending unsolicited bulk email messages ("junk mail" or "spam") or engaging in any abusive newsgroup posting practices (“newsgroup spamming”) that is in any way associated with or identified with (i) Services provided by TurboSites or (ii) domain names, IP addresses, or web sites hosted by TurboSites. The prohibited activities include, but are not limited to, unsolicited bulk mailing of commercial advertising, information announcements, and political tracts, excessive cross posting to newsgroups, overt commercial posting, mass posting, or off-topic posting. Such material may only be sent to those who have specifically requested it. Mail bombing and malicious or threatening email activities are also prohibited.
3.3.2 Clients are also expressly prohibited from advertising or distributing software or services that may contribute to news or email spamming. Further, Client agrees to indemnify and hold TurboSites harmless from any claim resulting from Client’s use or distribution of electronic mail services through the Services provided through this Agreement.
3.3.3 To report spam, please forward the spam with all original headers to firstname.lastname@example.org.
Section 3.4 Receiving TurboSites Newsletter and Other Email
3.4.1 By becoming a Client of TurboSites, you agree to receive a copy of the TurboSites newsletter, as well as other special TurboSites offers that may arise from time to time. This newsletter is not optional for either Free or Paid Clients and as such, the only way to remove yourself from this subscription list is by ending Client’s use of Services provided by TurboSites.
Section 3.5 Special Provisions for Free Clients
3.5.1 TurboSites gives Free Clients free server space and/or Tools to create a Web Site thanks to the sponsorship of its advertisers. Each page that a Free Client creates is required to carry TurboSites advertising HTML, which includes an advertising banner. This advertising HTML is automatically inserted to display at the very top of Clients’ free Web Sites. Any attempt to modify this code to interfere in any way with the display of these banners constitutes a breach of this Agreement. Likewise, each usage of a Free Service or Tool on an externally hosted web site must contain the appropriate logo or hyperlink that advertises TurboSites services.
3.5.2 Free Clients are prohibited from using Services to create sites whose primary purpose is any of the following: (i) to provide non-http compatible file distribution, including but not limited to the distribution of the following file types: .arj, .mp3, .exe, .tar, .rar, or .zip; (ii) to maintain an image archive or collection for display, or (iii) to promote or highlight a web site theme related to fads, or otherwise host “trendy” web sites that result in high bandwidth usage from TurboSites’ servers. Customers who wish to provide these types of sites are encouraged to sign up for the appropriate Paid service option.
Section 3.6 Contact Information
3.6.1 Client agrees to provide accurate contact information to TurboSites during the registration process, and to notify TurboSites immediately in the event of any change in this contact information. This contact information will include a valid mailing address, phone number, and email address, along with a valid name of a company representative. Furthermore, Client agrees to not provide an auto responder or temporary email drop box as the primary contact email address for his or her account, (although such email addresses are acceptable as a secondary email account for free services such as a classified advertisements). For Paid Users, contact information must also include at least one active credit card account number (unless Client is, with prior approval of TurboSites, being invoiced for the Paid Services). It is the responsibility of Client to keep this credit card information accurate and up to date, especially in regards to expiration date information. If TurboSites has reason to believe that the information Client Provides is inaccurate, misleading, or deceptive, TurboSites may immediately terminate Client’s use of the Services.
Section 3.7 Network security
3.7.1 It is a violation of this Agreement for Client to attempt to breach or to breach the security or firewall systems of TurboSites, its Internet access provider, or its affiliates, or disrupt or attempt to undermine or cause harm to any server or system of TurboSites. It is also a violation of this Agreement for a Client to post any file which contains viruses, worms, "Trojan horses," or any other destructive features, regardless of whether damage is intended or unintended. If Client becomes aware of such an attempt to breach or actual breach, please notify us at email@example.com. TurboSites may investigate complaints, but is under no obligation to act or not act with regards to any complaint. Any action taken on a complaint will be at the sole discretion of TurboSites.
Section 3.8 Reselling
3.8.1 Only Clients who are paying for full Virtual Server “B” (or above) services may, with prior approval from TurboSites, resell their server space. This can be done as long as Client first obligates the purchaser to the same terms of this Agreement and incorporate into that resale all of TurboSites’ rights, including rights regarding content and activity. TurboSites reserves the right to require a separate written agreement for those Clients desiring to resell TurboSites products and services.
4.3.4 In limited cases, and with prior credit approval, TurboSites may, at its sole discretion, invoice Client for Services.The terms for all such invoices shall be net 14 days. If an invoiced account becomes more than fourteen (14) days past due, Client will be sent a suspension of Services email and/or letter that will grant Client an additional fourteen (14) days to make payment. Any accounts falling more than twenty-eight (28) days past due will be suspended.
4.3.5 It is a violation of this Agreement for Client to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in TurboSites' sole discretion. Further, TurboSites shall report, and Client shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by TurboSites in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.
© 1997-2001 TurboSites.Com All rights reserved
PO Box 235 Springville, UT 84663 (801) 812-2222