TMZHosting Terms of Service

The use of services from TmzHosting.com, [hereafter referred to as "TmzHosting"] constitutes agreement to these terms.

You may view our Privacy Policy here.



1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure 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. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your signup date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

2.) Content
All services provided by TmzHosting may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless TmzHosting from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@tmzhosting.com with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared Servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange),sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited.

TmzHosting services, including all related equipment, networks and network devices are provided only for authorized customer use. TmzHosting systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of TmzHosting system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@tmzhosting.com and we will be happy to assist you.

Adult content is allowed as long as it's legal in the United States of America.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

TmzHosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

TmzHosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of TmzHosting.

4.) Payment Information
You agree to supply appropriate payment for the services received from TmzHosting, in advance of the time period during which such services are provided. You agree that until and unless you notify TmzHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

If you would like to cancel your hosting plan(s) you must contact us before the next due date.

As a client of TmzHosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. TmzHosting provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. If invoices are not paid after 30 days the account will be terminated and all files will be deleted.

Invoices that have been paid more than once by mistake, subscriptions, etc. can only be added as credit towards the account and cannot be refunded. If there is credit in your TmzHosting account and you have passed the 30 Day Money Back guarantee that is also nonrefundable. If you require assistance with this provision, please contact sales@tmzhosting.com

If a contract is made for example 1 year, and you the client decides to cancel your 5th month, the rest of the funds in your account that are unused cannot be refunded. They can only be added as credit towards future services.

5.) Backups and Data Loss
Your use of the service is at your sole risk. TmzHosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on TmzHosting servers.

6.) Cancellations, Refunds & Domains
TmzHosting reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time. TmzHosting gives you an unconditional 30 day money back guarantee on managed shared hosting solutions and reseller hosting. There is no money back guarantee on Virtual Private Servers and Dedicated Servers. There are no refunds on administrative fees, install fees for custom software, or domain name purchases. Refund requests after the initial 30 days will not be made. Prorated refunds will also not be made for unused time because of a server issue or similar. If our TOS is violated a refund will not be provided.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Moneybookers and Alertpay refunds can take up to a week to be completed.

Domains are only free when you purchase 1 Year or more upfront. These are the only available extensions that we provide for free: .com/.net/.org/.info/.biz/.name/.mobi

Either of us may terminate this Agreement by providing the other with written notice of a material breach. The written notice must contain sufficient facts from which the non-breach party may identify the alleged cause of the breach, and take steps to cure such a breach. Upon delivery of the notice of material breach, the party of alleged breach shall have ten calendar days during which the breach may be cured. If the material breach is incapable of cure, the non-breaching party may terminate this Agreement immediately.

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package. Unused transfer in one month cannot be carried over to the next month.

9a.) Money back Guarantee
On dedicated servers and colocation no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. Please note that the money back guarantee is only applicable to the first paid invoice of a new customer. Subsequent invoices are not eligible for refunds.

Each of TmzHosting's managed shared and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

9b.) Uptime Guarantee
If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of TmzHosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact sales@tmzhosting.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.

10.) Shared (non-reseller accounts) Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

11.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on tmzhosting.com, and the right to increase the amount of resources given to plans at any time.

12a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold TmzHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TmzHosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TmzHosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TmzHosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from TmzHosting's server.

12b.) Arbitration
By using any TmzHosting services, you agree to binding arbitration. If any disputes or claims arise against TmzHosting or its subsidiaries, such disputes will be handled by an arbitrator of TmzHosting 's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

13.) Disclaimer
TmzHosting shall not be responsible for any damages your business may suffer. TmzHosting makes no warranties of any kind, expressed or implied for services we provide. TmzHosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by TmzHosting and its employees.

14.) Disclosure to law enforcement
TmzHosting may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.

15.) Changes to the TOS
TmzHosting reserves the right to revise its policies at any time without notice.

There is a 500 hourly email limit per domain this limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails will bounce back with a undeliverable error.

Many of our servers have a 60 pop checks per hour limit per domain. If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. to prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes.

Any mailing list larger than 5,000 will require a VPS or dedicated hosting solution. Note: dividing one large list into smaller lists to get below this limit is not allowed.

Mailing Lists Rules

1. Anytime you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle you must switch to something else. We recommend phplist which can be found in your control panel under fantastico. If you do not throttle and you try sending let's say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.

2. Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am - 8 am eastern time M-F.

3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it. This is spam and will result in termination of the offending account.

4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.

5. Any mailling list MUST comply with all guidelines set forth by the United States.
These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm

6. No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.