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Legal Information

our hosting agreement

Hosting Agreement

TEK Development provides Hosting Services to many customers worldwide. TEK Development feels a need to ensure the best quality Service is provided to all customers. The following guidelines were intended to keep our services available to all our customers.

Definitions

Host : TEK Development
Service(s) : all kinds of services provided by TEK Development.
Customer : Individual or company subscribing to one or more of TEK Development's Services.
Material : any data. Including, but is not limited to, text, pictures, drawings, music.

Content

Services must be used in appropriate and lawful manner. No material shall be stored, transmitted, presented, or otherwise exchanged on our servers unless material acquisition and use are within the limits of the US Federal law, and applicable State and local laws. In addition, Host reserves the right to deem any material as obscene or inappropriate as it sees fit. Violating accounts maybe suspended or deleted at Host's discretion.

Examples of inappropriate material:

  • All pornographic, sex-related merchandising, erotic literature, or any other adult oriented material, or links to such.
  • Sites promoting illegal activity of any kind.
  • Sites containing confidential or copyrighted data without consent of the owner of such data.
  • Pirated software, software archives, hackers software.
  • Software archives of substantial size.

 

Host shall be the sole arbiter in determining violations of the content provision.

Content Editing Support and Training

FasTEK Accounts Only

Host may provide minor updates to the website while the account is active and in good standing. Minor updates should not exceed more than 40% content change of any single page and will only be done in conjunction with Customer training. Maintenance and changes shall not exceed 3 tickets per month, up to one (1) hour per month, otherwise the Maintenance rate of $10/page will be applied thereafter. No other parties shall have the right to change the web site during the maintenance period. If the Customer or an agent other than Host attempts updating the web pages, time to repair web pages will be assessed at the hourly rate, and is not included as part of the updating time.

Host will:

  • Administer Customer email accounts.
  • Edit, revise or update new content on existing pages based on Customer request as part of training and support services.
  • Provide consultation service for any projects that impact the website
  • Answer up to three (3) tickets per month of content editing questions, not to exceed one (1) hour of support and training per month

Host will not:

  • Create new graphics, content, code, scripts, media, or other additional elements
  • Be responsible for errors and omissions contained in website content.

Any revisions, additions or redesign Customer wishes Host to perform which has not already been specified shall be considered "additional" and will require separate Agreement and payment. Host shall advise Customer on any requested work that falls within these bounds.

Reference

You agree to allow TEK Development to announce our customer relationship with you in a press release or similar distribution. This includes allowing us to profile and link to your site in any communications and in the "Customers" section of our website.

Spam

Spam includes, but not limited to,

  • Sending unsolicited email, originating from Host servers.
  • Using an email address hosted on Host servers in an unsolicited email.
  • Referencing material hosted on Host server in an unsolicited email.

Host reserves the right to delete violating accounts at Host own discretion. Host shall be the sole arbiter in determining violations of this provision.

Server Resources

Host asks Customer to be considerate to other Customers when running programs on our servers. Excessive use of server resources may be grounds for suspension. Examples of activities by Customer deemed abusive include, but not limited to:

  • Compiling large programs on Host servers.
  • Running IRC Servers/Clients/Bots.
  • Resale of disk space or network bandwidth.
  • Storing backups of websites unrelated to the account.
  • Installing CGI scripts for use remotely, or for resale.

Host shall be the sole arbiter in determining violations of this provision.

Managed Server Hardware

Host offers managed server hardware at current available specifications at the time of offering by Host. Actual hardware specifications may vary based on available hardware at time of account sign-up by Customer. Discreet components may be substituted for equivalent available components at Host's sole discretion. Customer will be notified of actual hardware specifications at the time of account sign-up.

Cancellation

FasTEK 100, FasTEK 200, FasTEK 300 and FasTEK 400, FasTEK 500 Accounts

Customer may cancel at any time after the first month of service by sending an email to . First month hosting fee and all setup fees are non-refundable. If a cancellation request is received within the first ten (10) days of the next billing cycle, a full refund of the hosting fee for that billing cycle will be given to Customer. Otherwise, no refund will be given to Customer.

TEK 100, TEK 200 and TEK 300, TEK 400, TEK 500 Accounts

Customer may cancel at any time by sending an email to . Cancellation of Service requests received within 10 days of Service inception will result in a refund of subscription fees paid to Host. No refund is made for cancellation requests made after 10 days from day of inception of Service. Customers who pay on an annual, semi-annual or quarterly basis will receive a pro-rated refund based on the same terms.

Managed Server Accounts
Customer may cancel at any time by sending an email to . No minimum contract or setup fee for managed server accounts. Cancellation must be received 15 days prior to the end of the billing cycle. If it is not received in time, Customer will be responsible for an additional payment. Customers who pay on yearly basis will receive a pro-rated refund based on the number of months unused. Monthly fee is non-refundable. This includes any applicable setup fees and subsequent charges regardless of usage.

Price Change and Payments

The amount you pay for your current hosting plan will never increase from the date of purchase. We reserve the right to change prices listed on www.tekdevelopment.com, and the right to increase the amount of resources given to plans at any time.

Customer shall pay in full all amounts due to Host on time. All payments shall be in US Funds only, and in the manner described by Host. If Customer's credit card is declined, account may be suspended. If a credit card charge dispute is filed on a valid charge, the account may be suspended. Authorize.net and NaviGate are our agents, and your credit card charge will show up as TEK Development.

TEK 100, TEK 200 and TEK 300, TEK 400, TEK 500 Accounts Only

Any additional accounts you order will be at the same rate as the account(s) you currently have with our company.

Refusal of Service

Host reserves the right to refuse, cancel, or suspend Service at Host's sole discretion.

Disclaimer

Host will utilize its best efforts to maintain acceptable performance of Services, but Host makes absolutely no warranties whatsoever, expressed or implied, including warranty of merchantability or fitness for a particular purpose.

Host cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via the Internet. Host will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or sorted on its servers. Host shall not be liable to Customer or any of Customer's customers for any claims or damages which may be suffered by customer or Customer's customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or caused by the fault or negligence of Host.

Host's liability to Customer, and any end user of any plan or other Host Services is limited to the amount paid to and received by Host for Services not accepted. In no event shall Host be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Host has been advised of the possibility of such damage.

Changes to the Hosting Agreement

TEK Development reserves the right to revise its policies at any time without notice.

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