Truepath End User License Agreement (Terms and Conditions of Services)
- Parties :
Terms of Service Agreement ("TOS") is between Truepath (PROVIDER) and the party as specified in the online application (SUBSCRIBER). Truepath owns and operates the domain name Truepath.com and ChristHost.com for web hosting purposes. By applying for a Truepath.com web hosting service(s) through our online application process or by applying for and submission as part of an e-mail application process or by using the service(s) provided by Truepath.com under the Web Hosting Service Agreement, SUBSCRIBER acknowledges that he/she has read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules and acceptable use policies that are or may be published by Truepath.
- Coverage :
This agreement covers all paying web hosting services. Our standard web service plan consists of BASIC HOST, GENESIS HOST, COMPLETE HOST, POWER HOST, PREMIER HOST, SUPREME HOST, and XTREME HOST. This agreement does not cover reseller-hosting nor dedicated-server plans as they can host multiple domain sites. Other Internet services by the same PROVIDER may be available at www.Truepath.com and may be subject to another agreement.
- Term :
Except if the SUBSCRIBER has pre-paid any services with either 3 month, 4 month or 6 month or 12 month advance payment, otherwise the duration of this contract agreement is for one calendar month from the commencing date. The commencing date starts upon submission of a new web hosting subscription application at PROVIDER's site. The contract agreement will be automatically renewed on the anniversary unless either party to the contract agreement shall cancel within 72 hours notice by a SUBSCRIBER contact form or fax prior to the anniversary date.
- Space usage :
Our hosting plans each include a pre-specified amount of data storage space. Additional space may be purchased by the SUBSCRIBER as required subject to PROVIDER's additional space rental schedule. PROVIDER reserves the right to review every account, which uses more than the pre-specified space and to notify such account and/or apply excessive space fees. Failure to make timely payment for an applied excessive space fee to PROVIDER may limit access to and/or terminate the account of the SUBSCRIBER. SUBSCRIBER agrees to inform PROVIDER in advance if he believes he is going to require and/or use excessive space.
It is the responsibility of the SUBSCRIBER to ensure that the content of their storage space be kept free of malware and viruses. It is also the responsibility of the SUBSCRIBER to ensure that all programs (applications) within their storage space be kept up-to-date to minimize vulnerabilities, including programs made available by the PROVIDER for use by the SUBSCRIBER. The PROVIDER reserves the right to eliminate any program (file) that it deems, at its sole discretion, to be compromised or detrimental and to do so without notifying the SUBSCRIBER. The PROVIDER also reserves the right to turn off web services in order to mitigate the public's contact with the files that contain malware. Turning off web services does not relieve the SUBSCRIBER from making payments.
- Bandwidth usage :
PROVIDER terms included bandwidth as meaning PROVIDER does restrict the amount of total bandwidth used by the SUBSCRIBER. All hosting plans DO NOT INCLUDE UNLIMITED BANDWIDTH ALLOWANCE AND ARE NOT TO BE CONSIDERED AS UNLIMITED BANDWIDTH PLANS. SUBSCRIBER accounts may use less than the published bandwidth allowance each month.
PROVIDER reserves the right to review accounts during the calendar month and request SUBSCRIBER upgrade the hosting plan to satisfy current or estimated monthly use. SUBSCRIBER may also pre-purchase additional resources (heavy traffic fee) to satisfy expected heavy traffic use in advance. SUBSCRIBER understands and fully agrees PROVIDER can expire the subscription account and terminate hosting service for violation of the TOS. Advance notification by PROVIDER is waived by SUBSCRIBER.
SUBSCRIBER agrees exceeding monthly bandwidth allowance is a violation of the TOS. Reasonable additional fees for collection may be added to recover any overdue or unpaid fees or monies owed to the PROVIDER. Httpd log files created by the web servers and maintained by the PROVIDER document web use. Also heavy use is reported by the PROVIDER's hosting platform. Heavy traffic fees are subject to change with 15 days published notice and is published within on the plan features chart reachable from http://www.truepath.com/ .
- Excluded services:
Our company policy requires sites must be viewable by a worldwide audience of all ages. PROVIDER will not provide services and will immediately terminate SPECIFIC domain web site hosting services of the SUBSCRIBER without any compensation or refund if SUBSCRIBER web site(s) or web sites operated by a customer of the SUBSCRIBER includes any of the following hereby defined as Excluded Services Type A: adult material or sexual content, child pornography, gambling, illegal material, hate material, anti government material, warez sites, casino sites.
In addition, PROVIDER will not provide services and will immediately terminate SPECIFIC domain web site hosting services of the SUBSCRIBER without any compensation or refund if SUBSCRIBER web site(s) or web sites operated by a customer of the SUBSCRIBER includes any of the following hereby defined as Excluded Services Type B: web search sites, portal sites, search engine sites, domain registration sites, free e-mail sites, paid e-mail sites, e-mail storage sites, file storage sites, files download distribution sites, game sites, role playing games sites. Audio and video are allowed according to our Acceptable Use Policy.
PROVIDER will not provide services and will immediately terminate SPECIFIC domain web site hosting services of the SUBSCRIBER without any compensation or refund if SUBSCRIBER web site(s) or web sites operated by a customer of the SUBSCRIBER includes any of the following hereby defined as Excluded Services Type C: Telnet Shell accounts and/or access, service are not included with any hosting plans.Use of telnet is not allowed on our hosting plans to enhance overall system security.
A web site closure service fee of US$50 will be applicable and immediately payable by SUBSCRIBER for each specific instance where an "Excluded Service Type A", "Excluded Service Type B" or an "Excluded Service Type C" is discovered by or reported to PROVIDER in order to keep the SUBSCRIBER account in good standing. Failure of SUBSCRIBER to make timely payment of the web site closure service fee as requested will place the SUBSCRIBER account in bad standing and PROVIDER will notify the SUBSCRIBER with 24 hours advance notice by electronic mail of PROVIDER intent to terminate ALL existing services without any compensation or refund to SUBSCRIBER. PROVIDER may share information about any violation to the Web Hosting Service Agreement with other service providers.
- Hidden directories or files:
PROVIDER will not provide services and can immediately terminate existing services without any compensation or refund if a SUBSCRIBER web site contains created invisible or hidden directories within their parent directory for the purpose of concealing and providing excluded or any hosted services. PROVIDER's sole discretion will prevail in such cases.
All fees are payable in USA Dollars and are as currently posted on the PROVIDER web site at www.truepath.com. SUBSCRIBER agrees to pay for their hosting services monthly rental cost, heavy traffic/bandwidth fee (if any) and excessive space fee (if any). The first month rental fee is due upon the acceptance and/or signature of this agreement. SUBSCRIBER may provide payment to the PROVIDER by credit card or pre-paid certified payment. PROVIDER will notify SUBSCRIBER if any heavy traffic fee and/or excessive space fee are due. Failure of SUBSCRIBER to make timely payment of any applicable fees due as requested will result in cancellation of account. PROVIDER will charge $25 for all returned checks. A service charge of $10.00 or 5% of the total outstanding balance due, whichever is greater, will be assessed on late payments. You are liable for any and all attorney fees, court costs, and collection agency fees or commissions if PROVIDER has to resort to these methods in order to collect debts owed to PROVIDER. You agree to pay PROVIDER its reasonable expenses, including attorney fees, incurred in enforcing its rights under this Agreement.
- Account sharing:
Account sharing is not allowed. PROVIDER will terminate immediately and without compensation accounts, which share the web space with others or subdivide and resell the web space. Subdivision of the web space into two or more web sites is not allowed even if the owner is the same.
- Online subscription:
SUBSCRIBER agrees to online, paperless subscription for the services. SUBSCRIBER acknowledges that all the information he/she submits online is true and correct to the best of his/her knowledge. SUBSCRIBER agrees that the act of submitting a subscription form online is in lieu of his/her signature.
- Price change:
PROVIDER has the right to change the price of any and all services as deemed necessary by the PROVIDER. In case of price change, PROVIDER will post a 15 day advance notice on the web site of the PROVIDER. The PROVIDER may make separate price changes applicable to an individual SUBSCRIBER for unique service or other changes.
- Service change:
PROVIDER has the right to change facilities where hosting service originates from. This change may reflect a change in the cost of the service. In case of price change, PROVIDER will post a minimum 15-day advance notice on the web site of the PROVIDER. Established active accounts will only be notified of a service change.
- Start of services:
Typically within 24 hours after submission of new web hosting application at PROVIDER's site. Domain name(s) registration and activation is subject to domain Registrar schedules. Service start is also subject to the amount of applications for service received. Technical difficulties may also affect service startup times. SUBSCRIBER understands and accepts start up time of services is not guaranteed by the PROVIDER.
- Domain name registration:
SUBSCRIBER will list themselves as Billing and Administrative contact in their domain application. PROVIDER is to be listed as the Technical contact for the domain. PROVIDER has no other responsibilities in regard to the domain name registration process. SUBSCRIBER agrees to pay all fees related to the registration and support of this domain name directly to Registration Authority (RA). SUBSCRIBER understands that non-payment of said fees may result in non-visibility of his web site and/or losing the selected name. PROVIDER does NOT charge a separate fee to the SUBSCRIBER for information assistance with domain registration. The registration authority is selected by the SUBSCRIBER.
- Domain name fees:
SUBSCRIBER agrees to pay all fees related to the registration and support of this domain name. Any fees paid directly to PROVIDER for domain registration may be less or more than typical fees charged by RA, depending upon special promotions created by the PROVIDER.
- Quality of Services:
The PROVIDER or agent's of the PROVIDER or any other entities engaged in a business alliance with the PROVIDER will make their best efforts to provide quality and uninterrupted services, although this is NOT guaranteed. PROVIDER will NOT be responsible for any damages a service interruption may cause to the SUBSCRIBER. Further, PROVIDER will not censor any content on INTERNET. It will be SUBSCRIBER's responsibility for the usage of their account and any consequences of their use. SUBSCRIBER acknowledges and agrees that so long as a Web Site Activation e-mail including username and password is issued by PROVIDER to access the server site directory upon tendering their subscription application, PROVIDER has fully performed, and as such, SUBSCRIBER fully and unconditionally accepts such performance from PROVIDER.
SUBSCRIBER understands that web hosting plans are designed to provide quality services at competitive prices. PROVIDER will offer notification of system updates and helpful assistance with web hosting plans using SUBSCRIBER information pages located on the website of the PROVIDER at www.truepath.com, however, live telephone support, e-mail support or technical support of any kind beyond two hours per month, may be offered and/or available only under a separate paid support agreement. Discuss your individual support needs with us using our online Sales Form or SUBSCRIBER Contact Form.
- Contacting Truepath :
SUBSCRIBER will contact PROVIDER using one of the online contact forms on the PROVIDER web site such as the SUBSCRIBER trouble ticket forms or SUBSCRIBER Contact Form. This is to facilitate efficient and prompt contacts between the SUBSCRIBER and the PROVIDER using information assisting us to validate the contact and verification of identify of the SUBSCRIBER. No guarantee of a timely reply or any reply whatsoever is made where SUBSCRIBER uses standard electronic mail, except where SUBSCRIBER is requested directly by the PROVIDER to contact using standard electronic mail to a specific PROVIDER supplied address. Contact by electronic mail, if requested, will be sent to our e-mail address:
- Payment Due:
SUBSCRIBER agrees payment is DUE ON THE ACCOUNT RENEWAL DATE. The Account Renewal Date is the day of the calendar month the SUBSCRIBER first registered and paid using our online billing system. Re-billing will occur on or about every thirty (30) days thereafter. Your credit card statement will show this monthly billing for your web space rental as from Truepath.
- Payment Method. SUBSCRIBER agrees his/her payment will be payable using either:
A major credit card to be charged as specified. We currently accept credit card payment using: Visa, MasterCard, American Express, and Discover. A pre-paid certified payment instrument such as a certified check or commercial money order. All payments and charges are in USA Dollars and certified payments are payable to "Truepath".
- Non Payment:
SUBSCRIBER agrees to provide updated credit card information online as may be requested in case his/her card is declined. SUBSCRIBER understands that non-payment can result in an automatic "hold" and/or "deletion" of his/her web hosting account on or after the Account Renewal Date. "Hold" is hereby defined as a period the web site may not be accessible. "Deletion" is hereby defined as the removal of all SUBSCRIBER's stored files and data from the servers. The account may be "reactivated" after owed payment in full is received, however, the SUBSCRIBER may be required to re-upload all web data and web site files to their "reactivated" web hosting account if deleted. The SUBSCRIBER agrees to at all times maintain a full backup copy of all web data and web site files at a separate location other than PROVIDER's servers. Backing up important SUBSCRIBER files and data and uploading such to the servers is the responsibility of the SUBSCRIBER.
- Late Payment :
SUBSCRIBER agrees a penalty may be required for a declined credit card payment in order to continue as a SUBSCRIBER. Failure to stay in good standing may result in the cancellation of your account and of your automatic monthly billing privileges. An annual payment may then be required to continue as a web hosting SUBSCRIBER.
- Satisfaction Guarantee:
PROVIDER wishes to promote the satisfaction of the SUBSCRIBER. For that purpose a no risk period of 30 calendar days is available to the SUBSCRIBER for most of the services available for sale by the PROVIDER. The SUBSCRIBER within 30 days only of the same calendar month as the initial application was received by the PROVIDER if unsatisfied with the hosting service may request a refund of any actual hosting fee. After the initial 30-day satisfaction guarantee period has elapsed then ALL SALES ARE CONSIDERED FINAL. Fees paid to a Registration Authority for registration are not refundable. Any other fees beyond the actual hosting fees are not covered by the terms of this Satisfaction Guarantee.
- Account Cancellation:
SUBSCRIBER understands and fully agrees PROVIDER can expire the subscription account and terminate hosting services for violation of the Web Hosting Service Agreement. Advance notification by PROVIDER is waived by SUBSCRIBER. SUBSCRIBER may submit a cancellation notification at anytime to the PROVIDER. Cancellation will terminate future billings to the SUBSCRIBER; however, the SUBSCRIBER's services will remain active for the rest of the current billing cycle. Cancellation does not refund past charges. For a refund of past charges, the SUBSCRIBER must submit a request to
, and the PROVIDER will review and determine if a refund is applicable.
- Lawful use of Service:
SUBSCRIBER agrees to use the service in accordance with the laws of the U.S.A. with the ethical rules established or to be set up in the future by the PROVIDER and/or other governing agencies. SUBSCRIBER agrees that PROVIDER's sole discretion will prevail in all cases that SUBSCRIBER violates issues of server, network and Internet security and PROVIDER reserves the right to terminate or discontinue current or further services to SUBSCRIBER. PROVIDER reserves the right of refusal to do business with any person, business or entity, before, during or after a subscription for service has been tendered. You agree to pay a fine of $500 for flagrant disregard of allowable use policies including sending unsolicited commercial email, spam, or via posting commercial messages to Usenet discussion groups whose charter does not explicitly allow advertisements. PROVIDER maintains sole discretion what constitutes such flagrant disregard of allowable use.
- LIMITED LIABILITY:
PROVIDER or AGENTS or SERVER PROVIDERS or similar entities shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or the product, including but not limited to damages for lost profits, loss of use, loss of opportunity, cancellation of subscription and/or account, lost data, phone bills, communication lines bills, loss of privacy, damages to third party even if PROVIDER or others have been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. Further, PROVIDER will not censor any content on the INTERNET. It will be SUBSCRIBER's responsibility for the usage of his/her account and any consequences of this usage are the SUBSCRIBER's responsibility. SUBSCRIBER understands and agrees before ordering any service that all Excluded Services noted in this Agreement are not permitted and are grounds for immediate closure of site and expiry of subscription account. SUBSCRIBER agrees that in no event shall the maximum liability of PROVIDER under this Agreement for any matter exceed One Hundred Dollars (US$100).
- Keep harmless:
SUBSCRIBER agrees to keep and hold PROVIDER harmless if SUBSCRIBER's actions or non-actions on the INTERNET create any legal responsibilities.
Performance of any obligation required of a party thereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
- Securities and Integrity of Information:
Although PROVIDER or SERVER PROVIDER implements current technology for information protection there is no guarantee that any information on the Internet is absolutely secure or never may be destroyed. SUBSCRIBER agrees to hold the PROVIDER or SERVER PROVIDER harmless in case of loss of information and/or loss of privacy regardless of reason or cause. PROVIDER does not rent or sell our SUBSCRIBER listings.
- Entire Agreement:
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
This Agreement may be modified, amended, canceled or altered, and it may be modified by custom and usage of trade or course of dealing. Both of the parties hereto agree to such modification by the PROVIDER. The PROVIDER'S web site will show a notice informing: All web hosting is subject to the TOS.
If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
- Governing Law:
This Agreement was entered into in the State of California and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of California applicable to contracts entered into and performed entirely within the state of California and subject to the rules and regulations of Judicial Arbitrage and Medication. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Diego, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Allocation of Fees and Costs: The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
- Authority to Execute:
Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
- Benefit of Successors and Assigns:
This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
- Cumulative Remedies:
Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
- No Partnership or Agency:
Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the PROVIDER and SERVICE PROVIDER and SUBSCRIBER and/or other parties are all independent contractors.
Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.
It is understood the PROVIDER may enter into contracted or non contracted business relationships or strategic alliances with other provider's of services or technical services from time to time. The PROVIDER may act as a broker or value added reseller of services to the SUBSCRIBER. The SUBSCRIBER acknowledges acceptance of such alliances with their purchase of web hosting services from the PROVIDER.
- No Third Party Beneficiaries:
Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
- Excused Performances:
PROVIDER shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, equipment changes or system updates, fuel, energy, labor or software or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond PROVIDER's reasonable control. In the event of any such delay or failure, performance of the Services shall be deferred to a date and time mutually agreeable by all of the parties.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
- Recitals :
The recitals above set forth are incorporated herein by reference. Truepath, Inc. (PROVIDER)
Party as specified in the online application. (SUBSCRIBER)