Terms of Service
T35 Hosting (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of T35 Hosting Service constitutes acceptance and agreement to T35 Hosting’s TOS (Terms of Service), which has the legal binding value of a contract. Ordering and/or using our services constitutes an acceptance of the terms, provisions and conditions of this contract as stipulated in both the present TOS.
All provisions of this contract are subject to the present TOS (Terms of Service).
This Agreement shall be construed in all respects in accordance with the laws of the state of New Jersey, county of Bergen applicable to contracts enforceable in that state. Venue will be Bergen County, New Jersey.
1. Disclosure to Law Enforcement: The TOS 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 T35 Hosting 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. Our Price Freeze policy applies only to the base monthly hosting plan rates for existing customers. Our rates are subject to change at any time. Should unforeseen circumstances (cost hikes in our upstream providers, etc.) arise that would force us to seek to raise the base rates of these plans, Subscriber will be notified and given the choice to remain with the Company or seek another provider of services.
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:
a. Price Freeze Policy: We practice a policy of price freezing. This means that the customer stays permanently with the price and feature structures for which they signed up, and neither their monthly costs, nor their features can be changed, even when our prices go up/down or when we changed our account features. Customers are however allowed to upgrade to the next pricing level, that is, they can only upgrade to at least the next plan above their current plan and pricing structure. Price freeze policy applies only to the Web-Hosting Accounts themselves and to those fee-based addons and features that have already been ordered. The price of addons and features that are fee-based may change at any time and such new price will apply to all new customers and to all new orders by existing customers.
b. Account Renewal Policy: Accounts are automatically renewed on a per term basis, but each term must be pre-paid in advance. Our terms of service are: 1 months or 12 months. Longer terms can be negotiated. We must always have valid credit card information on record in order to facilitate the implementation of automatic rebilling of due accounts at renewal time. If you plan to cancel your account (not continue for the next term) you must warn us at least 12 days before your term is up. This time is critical to making sure your credit card/bank account is not charged for the next term.
5. Refund and Disputes: All payments to T35 Hosting 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 T35 Hosting’s sole discretion is a valid charge under the provisions of the TOS and /or TOS, you agree to pay T35 Hosting an “Administrative Fee” of not less than $50 and not more than $350.
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 10 days notice but not more than 14 days prior written notice and sent to: email@example.com. T35 Hosting may also consider cancellation submitted via the helpdesk system.
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 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 DNS servers within 1 to 2 business days. Due to unforeseen complications, however, this process may sometimes require up to 3 business days. If the new domain is registered by the account holder, there will be no handling fee.
10. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to T35 Hosting may require a minimum of two (2) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to three (3) 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 and no refund will be issued.
11. Support Boundaries: T35 Hosting, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: T35 Hosting provides support related to your server or virtual site physical functioning. T35 Hosting does not offer tech support for application specific issues such as php programming, html or any other such issue. T35 Hosting does not provide technical support for YOUR customers. We encourage you to use our helpdesk system for assistance. If you are able to get online and have other questions, the answers may be on our FAQ page- we encourage you to check there first. Lastly, the Help files in the program you are using and the makers of any such program may have the answer to your question so please do investigate these resources before contacting T35 Hosting tech support. We may offer limited help on PHP or html at our sole discretion, and only for generic usage issues.
12. Disk Space, Bandwidth & Resource Usage: Disk space and bandwidth usage is overseen via a fair use policy. If the contents of your Space regularly utilize excessive storage space and generate more server traffic than is deemed acceptable by T35 Hosting, to the detriment of other customers, T35 Hosting shall request that you remove the contents or upgrade to a more suitable package. Unlimited Storage use applies to your use of web pages only (html, php, etc.), not for media files, movies, or other large files. In addition, user accounts are not allowed to abuse server resources, which includes but is not limited to running any process that utilize more than 10% of overall server cpu resources, running any process that utilizes more than 10% of overall server memory, or running IRC, torrents, or peer sharing services. Inappropriate server resource usage will be determined at the sole discretion of T35 Hosting.