MASTER TERMS OF SERVICE

TNG Web Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of TNG Web Hosting are subject to the following terms of service:

Indemnification Policy

You agree to use all TNG Web Hosting services and facilities at your own risk. TNG Web Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall TNG Web Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold TNG Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TNG Web Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TNG Web Hosting against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with TNG Web Hosting's server.

TNG Web Hosting reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from TNG Web Hosting's server. TNG Web Hosting shall be the sole judge of what violates this Policy.

Use of Free Email Upon Registration

Each TNG Web Hosting customer is responsible for providing an accurate and legitimate EMail address upon registration to TNG Web Hosting's web site, therefore, we PROHIBIT any free email provider with the exception of Yahoo, GMail, Outlook, Live or Hotmail. Therefore, TNG Web Hosting advises customers to use an email provided by a RECOGNIZED ISP or one (1) of the three mentioned. THERE ARE NO EXCEPTIONS! This is to mitigate the amount of fraud attempts to this service.

Billing:

At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 15 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).

We accept Visa, Master Card, American Express, Discover Card VIA PayPal. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Late Payments:

All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 15 days after deactivation, your account will be terminated. Terminated accounts are NOT recoverable. You will receive an email reminder 5 days till deactivation. LATE FEES APPLY

Acceptable Use Policy:

This Acceptable Use policy document, including the following list of prohibited Activities, is an integral part of your Hosting Agreement with TNG Web Hosting. If you engage in any of the activities prohibited by this AUP document TNG Web Hosting may suspend or terminate your account and may result in criminal and civil liability. TNG Web Hosting will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.

TNG Web Hosting's Acceptable Use policy (the "policy") for TNG Web Hosting Services is designed to help protect TNG Web Hosting, TNG Web Hosting's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The policy is a non-exclusive list of the actions prohibited by TNG Web Hosting. TNG Web Hosting reserves the right to modify the policy at any time, effective upon posting here.

Examples of TNG Web Hosting system or network security violations include, without limitation, the following:

  1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
  2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through TNG Web Hosting's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on TNG Web Hosting's servers is prohibited. TNG Web Hosting accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service provider where those messages violate this policy or that of the other provider.
  3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by TNG Web Hosting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any TNG Web Hosting-hosted domain, or referencing any TNG Web Hosting account is prohibited.
  4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
  5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
  6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").
  7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
  8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any TNG Web Hosting customers or end-users by any means or device.
  9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the TNG Web Hosting network or on another provider's network.
  10. Using TNG Web Hosting's Services to interfere with the use of the TNG Web Hosting network by other customers or authorized users.
  11. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
  12. Forging or modifying the source IP address within the header of IP packets originating from your service. e.g. Spoofing
  13. INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A WHOLESALE INTERNET, INC. CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

Customer Responsibility for Customer's Users

Each TNG Web Hosting customer is responsible for the activities of its users and, by accepting service from TNG Web Hosting, is agreeing to ensure that its customers/representatives or end-users abide by this policy. Complaints about customers/representatives or end-users of any TNG Web Hosting customer will be forwarded to the TNG Web Hosting customer's postmaster for action. If violations of the TNG Web Hosting Acceptable Use Policy occur, TNG Web Hosting reserves the right to terminate services with or take action to stop the offending customer from violating TNG Web Hosting's AUP as TNG Web Hosting deems appropriate, without notice.

Please direct any questions regarding our Acceptable Use Policy to abuse@tngwebhost.com.

Service Level Agreement (SLA):

We anticipate our services to be available 99% of the time.

A service disruption occurs when your server is completely offline for more than 15 minutes due to a fault in our networking or power infrastructure.

Disruptions caused by the hardware or software of the server itself it not covered by this SLA.

Disruptions caused by planned or unplanned maintenance are not covered by this SLA.

Disruptions caused as a result of actions taken by our abuse/security department are not covered under this SLA.

In the event that there is an unplanned service disruption, you may open a support ticket and request an account credit to be issued for the prorated amount for the time of the disruption. For example: If you pay $60 per month for your service and it is unavailable for 1 day (during a 30 day month) due to an unplanned outage, you can request a account credit for $2.

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.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Banned Scripts:

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

  • IRC egg drops
  • Proxy servers
  • Mail bombers
  • Anonymous mailers
  • IP spoofers
  • Port scanners
  • Hivemail
  • Telnet or SSH Access Scripts
  • nph-proxy (and other scripts what operates like proxy)
  • UBB (Ultimate Bulletin Board, all versions)
  • lstmrge.cgi
  • phpShell
  • FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.

LIMITATION OF LIABILITY:

TNG Web Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from TNG Web Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, TNG Web Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of TNG Web Hosting servers. All damages shall be limited to the immediate termination of service.

DISCLAIMER:

TNG Web Hosting cannot AND will not be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by TNG Web Hosting are resold. Thus, certain equipment, routing, software, and programming used by TNG Web Hosting are not directly owned or written by TNG Web Hosting. Moreover, TNG Web Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as TNG Web Hosting sees fit. FURTHERMORE, TNG Web Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

 

 

 

Last Update: 10/25/2021 - 21:43pm