IMPORTANT NOTICE: *All Payments To Tulix Systems, Inc. Are Non-Refundable*
Tulix Systems,
Inc. ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of Tulix Systems’s Services constitutes acceptance and
agreement to Tulix Systems's AUP (Acceptable Use Policy) as well
as Tulix Systems's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms
of Service) of Tulix Systems.com and AUP (Acceptable Use Policy).
The AUP may be changed from time to time at the discretion
of the Company. Subscriber understands that change to the AUP
by the Company shall not be grounds for early contract termination
or non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of the state of Georgia, county of Fulton applicable
to contracts enforceable in that state. Venue will be Fulton
County, Georgia.
1. Disclosure to Law Enforcement: The
AUP specifically prohibits the use of our service for illegal
activities. Therefore, Subscriber
agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history,
account use, etc. to any law enforcement agent who makes a
written request without further consent or notification to
the Subscriber. In addition Tulix Systems shall have the right to
terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges
that the nature of the service furnished and the initial rates
and charges
have
been communicated to Subscriber. Subscriber is aware that the
Company may prospectively change the specified rates and charges
from time to time. The promotional offer is contingent upon
Company achieving and maintaining its cost of service goals
including but not limited to rates charged to company by its
suppliers.
3. Payment: Establishment of this service is dependent upon
receipt by the Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the month for that
month's service.
4. Payments and Fees: Credit cards that are declined for any
reason are subject to a $1.00 declination fee. Service will
be interrupted on accounts that reach 10 days past due. Service
interrupted for nonpayment is subject to a $200 reconnect charge.
Accounts not paid by due date are subject to a $7.95 late fee.
Accounts that are not collectable by Tulix Systems may be turned
over to an outside collection agency for collection. If your
account is turned over for collection, you agree to pay the
company a "Processing and Collection" Fee of not
less than $50 nor more than $150. If you desire to cancel your
account, please follow the proper procedure to do this as outlined
in this TOS.
5. Refund and Disputes: All payments to Tulix Systems.com are nonrefundable.
This includes the one time setup fee and subsequent charges
regardless of usage. All overcharges or billing disputes must
be reported within 60 days of the time the dispute occurred.
If you dispute a charge to your credit card issuer that, in
Tulix Systems's sole discretion is a valid charge under the provisions
of the TOS and /or AUP, you agree to pay Tulix Systemsan "Administrative
Fee" of not less than $50 and not more than $150.
6. Failure to Pay: The Company may temporarily deny service
or terminate this Agreement upon the failure of Subscriber
to pay charges when due. Such termination or denial will not
relieve Subscriber of responsibility for the payment of all
accrued charges, plus reasonable interest and any collection
fees.
7. Account Cancellation: Requests for canceling accounts may
be made in writing with at least 30 days notice but not more
than 60 days prior written notice and sent to:
Tulix Systems, Inc.
Attn: Cancellations
3495 Piedmont RD NE
Building Twelve, Suite 110
Atlanta, GA, 30305 USA
Tulix Systems.com’s preferred
method of cancellation is via the members section of your
ts-host.com account. Please log
into the members section at www.ts-host.com and you can request
to have your server cancelled there by sending a help desk
ticket to the customer service department requesting cancellation.
You must have all account information to cancel.
8. Subscriber acknowledges that the service provided is of
such a nature that service can be interrupted for many reasons
other than the negligence of the company and that damages
resulting from any interruption of service are difficult
to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes
beyond the direct and exclusive control of the company. Subscriber
further acknowledges that the company's liability for its
own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for 30 days of services during the
period damages occurred. In no event shall the company be
liable for any special or consequential damages, loss or
injury.
9. New Domain Accounts: All new webhosting accounts involving
new domains will be set up and entered into our name servers
within 3 to 5 business days. Due to unforeseen complications,
however, this process may sometimes require up to 7 business
days. Once entered into our name servers, domain propagation
usually takes 2 to 5 business days.
10. Transfer of Domains: New webhosting accounts which involve
the transfer of a domain from another provider to Tulix Systems.com
will require a minimum of seven (7) days to be set up and entered
into our DNS servers. In some cases, such transfers may take
up to sixty (60) days. Due to the unpredictable nature of the
transfer process, no guarantees are made regarding the amount
of time a specific transfer may take. If the customer cancels
service during the transfer period for any reason, all charges
are considered earned.
11. Support Boundaries: Tulix Systems provides 24 x 7 technical support
to our subscribers (except for few holidays and in extenuating
circumstances.) We limit our technical support to our area
of expertise, via our support system only. Support via telephone
is not available at this time. The following is our guidelines
when providing support: Tulix Systems provides support related to
your server or virtual site physical functioning. Tulix Systems does
not offer tech support for application specific issues such
as cgi programming, html or any other such issue. Actual support
definitions are based on the level of support service defined
in the subscriber’s specific management plan. Customers
of Tulix Systems must read the service line agreement (SLA) associated
with their management plan to determine the support details.
We encourage you to visit our forums, frequently asked questions
(FAQ) section, or use our trouble ticket system to resolve
issues. Lastly, the Help files in the program you are using
may have the answer to your question so please do investigate
these resources before utilizing tech support.
12. SPAM and Unsolicited Commercial Email (UCE): Tulix Systems
takes a zero tolerance approach to the sending of Unsolicited
Commercial
Email (UCE) or SPAM over our network. Very simply this means
that customers of Tulix Systems may not use or permit others to use
our network to transact in UCE. Customers of Tulix Systems may not
host, or permit hosting of, sites or information that is advertised
by UCE from other networks. In addition, it is not acceptable
to transmit bulk email through remote SOCKS, HTTP or other
similar proxies who in turn make a SMTP (TCP port 25) connection
to the destination mail servers. This technique may result
in account suspension or termination. Violations of this policy
carry severe penalties, including termination of service. In
order to prevent unnecessary blacklisting due to spam we reserve
the right to occasionally sample bulk email being sent from
servers.
a. Violation of Tulix Systems's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our
SPAM policy, Tulix Systems will initiate an immediate investigation
(within 48 hours of notification). During the investigation,
Tulix Systems may restrict customer access to the network to prevent
further violations. If a customer is found to be in violation
of our SPAM policy, Tulix Systems may, at its sole discretion, restrict,
suspend or terminate customer's account. Further, Tulix Systems reserves
the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation.
Tulix Systems will notify law enforcement officials if the violation
is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for possible
immediate termination. A second violation will result in an "Administrative
Fee" of $500 and immediate termination of your account.
Users who violate this policy agree that in addition to these "Administrative" penalties,
they will pay "Research Fees" not to exceed $175
per hour that Tulix Systems personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services
on their server that support spammers or cause any of our
IP space to be listed in any of the various Spam Databases
will have their server immediately removed from our network.
The server will not be reconnected until such time that you
agree to remove ANY and ALL traces of the offending material
immediately upon reconnection and agree to allow us access
to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent
removal of the server from our network without notice to
the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without
notice.
13. Network
a. IP Address Ownership: If
Tulix Systems assigns Customer an Internet Protocol address for
Customer's use, the
right to
use that Internet Protocol address shall belong only to Tulix Systems,
and Customer shall have no right to use that Internet Protocol
address except as permitted by Tulix Systems in its sole discretion
in connection with the Services, during the term of this
Agreement. Tulix Systems shall maintain and control ownership
of all Internet
Protocol numbers and addresses that may be assigned to Customer
by Tulix Systems, and Tulix Systems reserves the right to change
or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. Our allocation
of IP addresses
is limited by ARIN's new policies. These new policies state
that use of IP addresses for IP based virtual hosts will
not be accepted as justification for new IP addresses.
What this
means to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and
if we find that clients are using IP addresses where name-based
hosting could be used, we will revoke authorization to use
those IP addresses that could be used with name-based hosting.
b. Bandwidth and Disk Usage: Customer agrees
that bandwidth and disk usage shall not exceed the number
of megabytes per
month for the Services ordered by Customer on the Order Form
(the "Agreed Usage"). Tulix Systems will monitor Customer's
bandwidth and disk usage. Tulix Systems shall have the right to
take corrective action if Customer's bandwidth or disk usage
exceeds
the Agreed Usage. Such corrective action may include the
assessment of additional charges, disconnection or discontinuance
of any
and all Services, or termination of this Agreement, which
actions may be taken is in Tulix Systems's sole and absolute discretion.
If Tulix Systems takes any corrective action under this section,
Customer shall not be entitled to a refund of any fees paid
in advance prior to such action. In the event that a customer
exceeds the included allocation, Tulix Systems may, at its sole
discretion,
collect a deposit, in an amount determined by Tulix Systems, against
customer's credit card on file with Tulix Systems.
c. System and Network Security: Users are prohibited from violating
or attempting to violate the security of the Tulix Systems Network.
Violations of system or network security may result in civil
or criminal liability. Tulix Systems will investigate occurrences,
which may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who
are involved in such violations. These violations include,
without limitation:
i. Accessing data not intended for such User or logging into
a server or account, which such User is not authorized to
access.
ii. Attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication
measures without proper authorization.
iii. Attempting to interfere with service to any user,
host or network, including, without limitation, via means
of overloading, "flooding", "mail
bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which
such User is not entitled.
14. Notification of Violation:
a. Tulix Systems is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred,
nor do we assume any responsibility through our AUP to monitor
or police Internet-related activities.
b. First violation: Any User, which Tulix Systems determines to have
violated any element of this Acceptable Use Policy, shall receive
an email, warning them of the violation. The service may be
subject at Tulix Systems's discretion to a temporary suspension pending
a User's agreement in writing, to refrain from any further
violations.
c. Second Violation: Users that Tulix Systems determines to have
committed a second violation of any element of this Acceptable
Use Policy shall be subject to immediate suspension or termination
of service without further notice.
d. We reserve the right, to drop the section of IP space involved
in Spam or Denial-of-Service complaints if it is clear that
the offending activity is causing great harm to parties on
the Internet. In particular, if open relays are on your network
or a customer's network, or if denial of service attacks are
originating from your network. In certain rare cases, we may
have to do this before attempting to contact you. If we do
this, we will contact you as soon as is feasible.
15. Suspension of Service or Cancellation: Tulix Systems reserves
the right to suspend network access to any customer if in the
judgment of the Tulix Systems network administrators the customer's
server is the source or target of the violation of any of the
other terms of the AUP or for any other reason which Tulix Systems
chooses. If inappropriate activity is detected, all accounts
of the Customer in question will be deactivated until an investigation
is complete. Prior notification to the Customer is not assured.
In extreme cases, law enforcement will be contacted regarding
the activity. The customer will not be credited for the time
the customer's machines were suspended.
16. Tulix Systems reserves the right to amend its policies at any
time. All Sub-Networks, resellers and managed servers of Tulix Systems
must adhere to the above policies. Failure to follow any term
or condition will be grounds for immediate Cancellation. You
will be held responsible for the actions of your clients in
the matter described on these Terms and conditions.
17. Indemnification: Tulix Systems wishes to emphasize that in agreeing
to the Tulix Systems Acceptable Use Policy (AUP) and Terms of Service
(ToS), customer indemnifies Tulix Systems for any violation of the
Acceptable Use Policy (AUP) and Terms of Service (ToS) that
results in loss to Tulix Systems or the bringing of any claim against
Tulix Systems by any third-party. This means that if Tulix Systems is sued
because of a customer's or a customer of a customer's activity,
the customer will pay any damages awarded against Tulix Systems,
plus all costs and attorney's fees.
18. Miscellaneous Provisions: You must provide us with, and
keep current, good contact information for you. E-mail, telephone,
and fax contacts are used, in that order of preference.
a. A waiver by the Company of any breach of any provision of
this Agreement by Subscriber shall not operate as or be construed
as a continuing or subsequent waiver thereof or as a waiver
of any breach of any other provision thereof.
b. Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company may assign
Agreement at anytime without consent from or notice to Subscriber.
Company reserves right to cancel customers rights under this
contract at anytime without further obligation.
c. Tulix Systems takes no responsibility for any material input by
others and not posted to the Tulix Systems Network by Tulix Systems. Tulix Systems
is not responsible for the content of any other websites linked
to the Tulix Systems Network; links are provided as Internet navigation
tools only. Tulix Systems disclaims any responsibility for any such
inappropriate use and any liability to any person or party
for any other person or party's violation of this policy.
d. Tulix Systems is not responsible for any damages your business
may suffer. Tulix Systems does not make implied or written warranties
for any of our services. Tulix Systems denies any warranty or merchantability
for a specific purpose. This includes loss of data resulting
from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by Tulix Systems.
e. It is absolutely forbidden to host IRC servers on Virtual
Server Accounts. Virtual Server Accounts found hosting this
material will be subject to immediate cancellation without
refund.
19. Responsibility for Content: You, as
Tulix Systems's customer, are solely responsible for the content
stored in and served
by your Tulix Systems account.
20. Windows Servers: Requirements for using Microsoft software.
Subscribers are prohibited from allowing more than five (5)
authenticated users of the Microsoft Windows Server Operating
Systems under Microsoft licensing terms and could create liability
issues with Microsoft if violated.
Customer agrees not to remove, modify or obscure any copyright,
trademark or other proprietary rights notices that appear on
Software Products or that appear during the use of Software
Products. Customer further agrees not to reverse engineer,
decompile, or disassemble the Software Products.
Tulix Systems may provide you access to other
third party software and/or services ("Third Party Products ") through
reseller relationships Tulix Systems has established with certain
commercial vendors, including without limitation, Microsoft
Corporation ("Third Party Vendors"). Unless otherwise
notified, Customer understands that product support for Third
Party Products is provided by Tulix Systems and not by the Third
Party Vendor. Neither Tulix Systems nor any Third Party Vendor makes
any representations or warranties, express or implied, regarding
any Third Party Products. Customer expressly acknowledges and
agrees that use of third party products is at customer's sole
risk and such third party products are provided "as is" and
without representation or warranty of any kind from Tulix Systems
or any third party vendor, including without limitation, any
implied warranty of merchantability, fitness for a particular
purpose, accuracy or completeness of responses or results,
correspondence to description, or non-infringement of third
party rights. To the maximum extent permitted by applicable
law, neither Tulix Systems nor any third party vendor will be legally
responsible for any damages, whether direct, indirect, or consequential,
arising from the use or inability to use any third party product.
Customer agrees to observe the terms of any license and/or
applicable end user subscriber agreement for third party products
and that customer shall be fully liable to third party vendors
and Tulix Systems with respect to any improper use of such third
party products or violation of license agreements with them
and/or applicable end user subscriber agreements.
21. Denial of Service: We reserve the right to refuse service
to anyone at any time for any reason.
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