We
do not provide web hosting or design services to the general
public. Our hosting and design services are provided exclusively
to companies and.or individuals who have requested financial
assistance through Small MIracles Foundation and/or to
those individuals or companies who make donations to support
Small miracles Foundation in exchange for our services.
Monthly plan costs reflect the amount we would accept
annually as a donation in return for services, however
these amounts are adjusted dependent on review of individual
needs and financial capabilities.. There is
NO COST to individuals or companies who apply for and
are approved to receive financial assistance.
The terms below are an important part of the service contract
between you and TechVGroup, and you must agree to these
terms and conditions or your order will not be processed.
The following words used in context of the Service Contract
are defined as follows:
| Provider |
TechVGroup |
| Client |
The person or entity who is applying for virtual
Server or Web hosting services the Provider agrees
to provide |
The
Provider agrees to provide, and Client agrees to receive,
access to the virtual server or Web hosting services according
to the following terms and conditions:
1. Client will use the server or Web hosting packages
and all other provided services in a manner consistent
with any and all applicable laws of the State of New York
and the US Federal Government. Client authorizes Provider
to charge all fees due to the submitted credit card or
checking account.
2. Provider reserves the right, in its sole discretion,
to deactivate the Client's virtual server or Web hosting
account(s) without warning upon an indication of credit
problems including delinquent payments, or if this service
contract is violated, or if Clients's account or the traffic
on this account causes any kind of network or server problem
/ disturbances. Since client is not allowed to resell
web space within the hosting plans provided by TechVGroup,
provider reserves the right to disable an account or some
of its files or directories if client violates this policy.
Only dedicated servers are designed for web space resale.
3. THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED,
FOR DEDICATED SERVERS, WEB HOSTING PACKAGES AND ALL OTHER
SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY
OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT
FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER
OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER
FOR SERVICES.
4. Provider is not responsible for any damages arising
from Client's use of Provider or by Client's inability
to use dedicated servers, Web hosting packages and any
other services for any reason.
5. While Provider shall make every reasonable effort to
protect and backup data for Client on a regular basis,
Provider is not responsible for Client's files residing
on Provider server(s). Client is solely responsible for
independent backup of data stored on Provider's server(s)
and network. If Provider needs and is able to restore
client's files due to a file lost Provider is not responsible
for, Provider may charge an additional fee for this service.
6. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY
MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER'S SERVER(S)
THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE
ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW
OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS
OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED
WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES
TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM
RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
7. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY
MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER'S SERVER(S)
THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING
LEADING TO AN ABUSIVE OR UNETHICAL USE OF DEDICATED SERVER(S)
OR WEB
HOSTI NG PRODUCT (S) OR THE HOST SERVER(S). ABUSIVE AND
UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED
TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY,
COMPUTER VIRUSES, HACKING, WAREZ, MP3s AND ANY HARASSING
AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO
INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM
RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE
OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE
BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE
PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE
VIRTUAL SERVER ACCOUNT(S) OR HOST SERVER(S). PROVIDER
MAY CHARGE A $50 DEACTIVATION FEE IF CLIENTS VIOLATION
LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION.
8. ELECTRONIC MAIL ABUSE POLICY
A. Harassment, whether through language, frequency,
or size of messages, is prohibited.
B. Customers may not send email to any person who
does not wish to receive it. If a recipient asks to stop
receiving email, the Customer must not send that person
any further email.
C. Customers are explicitly prohibited from sending
unsolicited bulk mail messages ("junk mail" or "spam").
This includes, but is not limited to, bulk-mailing of
commercial advertising, informational announcements, and
political tracts. Such material may only be sent to those
who have explicitly requested it.
D. Customers may not forward or otherwise propagate
chain letters, whether or not the recipient wishes to
receive such mailings.
E. Malicious email, including but not limited to "mailbombing"
(flooding a user or site with very large or numerous pieces
of email) and "trolling" (posting outrageous messages
to generate numerous responses) is prohibited.
F. Forging of header or any other information is not
permitted.
G. Subscribing someone else to a mail list or removing
someone else from a mail list without that person's permission
is prohibited. H. TechVGroup.com accounts or services
may not be used to collect replies to messages sent from
another Internet Service Provider, where those messages
violate this Usage Policy or the usage policy of that
other provider.
I. These rules apply to other types of Internet-based
distribution mediums as well, such as RLG's Ariel system
(a system for sending FAX-like documents over the Internet).
USENET postings have their own regulations; see below.
9. Due to the public nature of the Internet, all information
should be considered publicly accessible, and important
or private information should be treated carefully. Provider
is not liable for protection or privacy of electronic
mail or other information transferred through the Internet
or any other network provider that customers may utilize.
10. Use of distribution lists via unsolicited electronic
mail or other mass electronic mailings (UCE) is strictly
prohibited. Provider reserves the right to deactivate
the Client's dedicated server or Web hosting account(s)
upon any indication of such activity without notice. Client
hereby agrees to indemnify and hold harmless the Provider
from any claim resulting from the Client's or any other
party's use of electronic mail service(s) on the Client's
virtual server or Web hosting account(s). Provider reserves
the right to charge a $50 reactivation fee, if client's
violation of Provider's anti-spamming policy leads to
an account deactivation or suspension.
11. In the event it is necessary to refer any dispute
to an attorney, a collection agency, or resolve it in
a court of law, the prevailing party will be entitled
to an award of reasonable attorney's fees, collection
fees, and all costs associated with any legal action,
whether or not a suit shall actually be filed. Place where
the contract is signed and fulfilled shall be Great River,
New York, United States of America.
12. Client acknowledges that there is NO cooling-off
period! All orders, sales, rents, time-frames,
and terms are final. Once the service is ordered (i.e.
by clicking the order button of the online order form)
there are no refunds if the service contract is canceled
by client before the regular expiration date / anniversary
date. All server and hosting contracts are automatically
renewed for another term unless a written notice of cancellation
is given by either party at least two weeks in advance
of the renewal date / anniversary date. Cancellation request
must be made by completing and submitting the Online Cancellation
Form. If no correct notice of cancelation will be given,
all contracts will automatically renewed for another term
under the same conditions. If an account has been setup
and the initial rent and setup fee is not paid, provider
has the right to immediately close the account and to
refuse service. In this case provider will bill client
for US $100.00 for one hour of programming. If a credit
card payment is declined by the client's bank or if the
rent is not paid on time provider will charge a US $20.00
late fee per billing cycle and a US $25 fee for each payment-related
suspension. If client disputes justified charges by provider
on his credit card, provider has the right to charge a
$25 administration fee in addition to the regular suspension
charge and immediately discontinue service.
13. Provider maintains control and any ownership of any
and all I.P. numbers and addresses that may be assigned
to Client and reserves in its sole discretion the right
to change or remove any and all IP numbers and addresses.
Client shall keep the right to use the domain name even
if client changes providers.
Adult Oriented Sites
It is our policy NOT to host any adult oriented or pornography
web sites of any type including any sites that constitute
child pornography. There are various legal and moral
reasons as to why we maintain this policy.
FILING FRAUDULENT CHARGES AGAINST OUR FIRM FOR
CONTENT ON SITES NOT OWNED AND OPERATED BY US
If you file any type of lawsuit or claim with any agency
with respect to any content on sites we host, you should
be aware that if you cannot substantiate your claim, we
will prosecute in criminal court to the full extent allowable
under law. This will be done without prior notice to you.
We are currently preparing to prosecute once such individual
whose machievellan practices shall be dealt with swiftly
under law.
Spamming
We have a strict "zero tolerance" policy against
spamming. Users who Spam via E-mail, newsgroups, etc.
are not allowed on our web servers. We define "spamming"
as the distribution of unsolicited e-mail to other users
or user groups that do not specifically ask for the information.
It doesn't matter if you use our mail servers, or if you
hire a company to send mailings for you. After the first
complaint from other users, you will receive a warning.
If we continue to receive complaints your site will be
removed and your account will be cancelled. |
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With customer service throughout the USA, the Company maintains
a data center staffed 24/7 by Authorized System Engineers
(ASEs) and Microsoft Certified System Engineers (MCSEs).
TechVGroup offers a comprehensive suite of solutions, including
virtual hosting and, dedicated hostingoptions to meet customers'
business needs, as well as enhanced Internet capabilities,
such as e-commerce and multimedia hosting.
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