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| All services provided by Tripod Support ("Tripod Support") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law os prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Tripod Support from any claims resulting from the use of service which damages the subscriber or any other party. |
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| Prohibited are sites that promote any illegal activity or present content that may be damaging to Tripod Support' servers, or any other server on the Internet. Links to such materials are also prohibited. |
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| Examples of unacceptable content or links: |
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pirated software |
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hacker programs or archives |
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warez sites |
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| NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, VARHOSTING WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS. |
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| Traffic Usage |
| All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same. |
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| IRC |
| We currently do not allow IRC or IRC bots to be operated on our servers. |
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| Server Abuse |
| Any attempt to undermine or cause harm to a server or customer of Tripod Support is strictly prohibited. As a reseller, you are responsible for both your account as well as your customer accounts. Should you or your end-customer violate the Terms of Services outlined within, your account will be cancelled without chance of refund. |
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| Refusal of Service |
| We reserve the right to refuse, cancel or suspend service, at our sole discretion. |
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| All sub-networks, distributive hosting sites and dedicated servers of Tripod Supportmust adhere to the above policies, with the exception of system resources in respect to dedicated servers. |
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| Billing |
| By the Account Activation Date of each month, Tripod Support shall either: (1) debit the client's credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Tripod Support by no later than the specified payment due date. Tripod Support shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended. |
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| Service Fees |
| Certain services carry a set-up fee charged by Tripod Support to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Tripod Support and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. If client has retained the services for one year and has pre-paid Tripod Support for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is canceled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month. |
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| Account Deactivations |
| Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation. |
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| Cancellation Refunds |
| We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation. |
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| Refusal of Service |
| We reserve the right to refuse, cancel or suspend service, at our sole discretion. |
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| Limitation of Liability |
| Tripod Support shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Tripod Support ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Tripod Support 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 Tripod Support ' servers. All damages shall be limited to the immediate termination of service. |
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| Violations |
| Violations of these Acceptable Use Policies should be referred to support@bungeecode.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation. |
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| Disclaimer |
| Tripod Support cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Tripod Support are resold. Thus, certain equipment, routing, software and programming used by Tripod Support are not directly owned or written by Tripod Support. Moreover, Tripod Support holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Tripod Support sees fit. |
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| Account Activation |
| By activating your account with Tripod Support, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information. |
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| NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem. |
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| No-compete Policy |
| Tripod Support only serves reseller-oriented customers. We will not engage in any selling any services pertaining to shared hosting. Further to this, Tripod Support will not sell any services directly to resellers' customers without expressed and agreed-to conditions by the reseller customer. |
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| End-user Support |
| Tripod Support agrees to support all PowerReseller reseller customers and end-user customers through the facilities provided on our website (live chat and helpdesk). Our guaranteed service-level response to helpdesk inquiries is 45 minutes with 85% of issues resolved within two hours. Should we fail to meet these guidelines, Tripod Support will refund the customer for the month period |
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| 99.9% Server Uptime Guarantee |
| Tripod Support guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime. |
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| Tripod Support reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification. |
