- Terms of Service
- Authorized User Policy
All accounts are bound by this Terms of Service.
1) Setup Fees including, but not limited to, additional programming are nonrefundable.
2) All fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice.
3) If you cancel your service you will be refunded the prepaid fees for any unused month, once those services are no longer being provided, not including setup fees, if you have a contract, the terms of the contract apply. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services. If you wish services to cease immediately, you must request that our services be discontinued immediately.
4) Money Back Guarantee - TekTonic offers a limited Money Back Guarantee to all new clients. The purpose of this guarantee to allow clients to experience TekTonic's services and determine that they meet or exceed industry standards. To this end, if TekTonic has not met indusry standards for service performance and reliability during the first 90 days of a new hosting account being online and the client requests a refund by e-mailing email@example.com, TekTonic will refund the pro-rated difference of the client's hosting fees for the month. A month is defined as a 30 day period. For example if a customer cancels on the third day of service they would receive a 27 day pro-rated refund, or 90% of their payment. This refund will NOT include any setup fees or hourly support fees paid to TekTonic. All refunds must be requested by contacting firstname.lastname@example.org. In all other circumstances monies paid to TekTonic are final and nonrefundable.
4a. Money Back Guarantee only applies to the first VPS purchase for an individual, group or account.
4b. Pre-payments for 3, 6 and 12 months are NOT refundable.
4c. Refunds will only be sent to the payment method that originally made the purchase.
5) The use of any data or material, which Customer receives from the service provided by TekTonic, is at Customer's sole and absolute risk. TekTonic specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.
6) TekTonic will utilize its best efforts to maintain acceptable performance of services, but TekTonic makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. TekTonic cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. TekTonic will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. TekTonic shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of TekTonic.
7) Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') against TekTonic, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TekTonic against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with TekTonic's server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on TekTonic's Server. As a result of this, Customer agrees that TekTonic shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of TekTonic. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.
8) This section defines the network and host server Service Level Agreement (SLA). To Customers in good financial standing with TekTonic we guarantee that our network is available 99.9% and their host server is available 99.5% of the time in a given month, excluding scheduled maintenance. The network is defined as core network infrastructure excluding the hardware, services and software running on your server. The server is defined as the host hardware that houses the account. Downtime is measured from the moment the Customer notifies a TekTonic support representative of a failure to the time the Network or Server responds to an external "ping" request. Notification of network failure must occur at the time of the outage and not after the fact.
If network downtime exceeds .1% in a given month, the Customer will be credited 5% of their monthly hosting fee and an additional 5% for each additional 2 hours of downtime up to 50% of the Customer 's monthly hosting fee.
If server downtime exceeds .5% in a given month, the Customer will be credited 5% of their monthly hosting fee and an additional 5% for each additional 2 hours of downtime up to 50% of the Customer 's monthly hosting fee.
Credits shall not be provided to the Customer if network or server downtime is the result of: a) scheduled maintenance b) circumstances beyond TekTonic's reasonable control, including, but not limited to: dDOS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labor disturbance, acts of government, acts of god or c) breaking this Agreement or TekTonic's Acceptable Use Policy.
9) The Customer may only use TekTonic's services for lawful purposes. In the event that at any given time, TekTonic believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, TekTonic has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:
9a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities; Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
9b. Unsolicited advertising via email and/or 'Spamming' is a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. TekTonic reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
9c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. TekTonic reserves the right to determine what is Net abuse.
9d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights.
9e. The Customer expressly understands and agrees that illegal Adult oriented Websites are expressly prohibited. TekTonic reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
9f. IRC is specifically prohibited.
9g. Proxies are specifically prohibited.
9h. Torrents are specifically prohibited.
9i. Virtual Currency Mining is specifically prohibited.
10) The Customer assumes all responsibility for Operating System (OS) Reinstalls and Changes. OS Reinstalls can be performed using Virtuozzo Power Panel. OS Changes can only be performed by Requesting Subscription Cancellation from the HSPcomplete Control Panel at https://manage.tektonic.net - IP Addresses CANNOT be retained during this. If you choose to change your OS you will lose your IP Address. Early subscription terminations are entitled to a Prorated Account Credit for the unused days of the billing cycle (30 Days). Account Credits MUST be requested by contacting email@example.com.
11) Cancellation requests must be submitted via email or the secure ticket system to the TekTonic Sales Team, or scheduled via the provided control panel where applicable. TekTonic will not process any cancellation requests sent from non-authorized contacts. All cancellation requests submitted via email that cannot be scheduled from a control panel will be responded to with a Confirmaion Request. No cancellations will be processed until the request is confirmed as per the instructions provided by TekTonic in the Confirmation Request Email. TekTonic will not accept cancellation requests via phone, Live Chat, fax or standard mail.
12) TekTonic's Support is considered Semi-Managed. The first 15 minutes of a support issue are complimentary. After the first fifteen minutes a support issue can be considered billable. Further support for the issue will be priced at $15/15 minutes. Support fees are non-refundable. Best Effort support is given for any application, software or files not specifically included in the Operating System templates that are provided.
13) TekTonic pays an affiliate bonus of $50 per sign-up. Affiliate sign-ups must pass our fraud screening, and be active and in good financial standing with TekTonic for 90 days before the affiliate account responsible for the sign-up can be credited. TekTonic reserves the right to refuse commission payments to anyone who attempts to falsify sign-ups, sign up for multiple accounts, or otherwise violates any part of our Terms of Service or Acceptalbe Use Policy.
TekTonic will not be responsible for any damages your business may suffer. TekTonic makes no warranties of any kind, expressed or implied for services we provide. TekTonic disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by TekTonic and its employees. The services provided by TekTonic are provided AS-IS and without any warranty expressed or implied. TekTonic reserves the right to revise its policies at any time.