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Updated: 6/1/2006

TechGether.net DCMA Policy

The following terms and conditions apply to all web hosting services offered by TechGether.net Hosting Services ("TechGether.net"). 
By ordering web hosting services from TechGether.net you are agreeing to the following terms and conditions.

Location
All accounts will be located on Windows Server 2003 shared servers unless you purchase a dedicated server or have a dedicated server with us.

Webspace
Hosting accounts are to be used by the primary owner only.  Account holders are not permitted to resell, store or give away web-hosting service of their web site to other parties.  Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

Site Content
Space on TechGether.net server may not be used for the distribution of adult-oriented or racist material, pirated software, copyright material or for other illegal purposes.  Contract (and service) may be suspended at any time if usage or site content is deemed inappropriate or offensive. Under no circumstances, must any of the following materials appear on your web site. Pornographic/explicit or obscene material, in the form of graphics or text. Copyrighted music files (.wav, .mid, .mp3, etc.) or any form of sound used without the original owner's written consent.  Copyright computer code/graphics without the original owner's written consent. Lists of software package serial number or links to cracks, patches, hacks or pirated software, pyramid advertising schemes and "spam" banners. If any copyrighted material other than the holder of the account's own is to be stores on  a TechGether.net server, TechGether.net must receive a signed photocopy or original letter giving explicit, specific permission from the copyright holder.

Errors & Omissions
Although we always endeavor to keep your sites error-free and check them regularly for availability, you are advised that it is your responsibility to back up your files, check your website for availability, correct content and operation. Errors and omissions should be reported via the helpdesk as soon as possible for correction.

Passwords
You are responsible for keeping records of your FTP, mail and access passwords and keeping these secure at all times. Failure to do so, where a breach of security occurs, may results in termination of your account, as will attempted access to accounts you do not own.

Mail Usage
Your e-mail accounts may not be resold or used to send unsolicited email (spamming). Clients who send, or allow the sending of such mail (even using external mail facilities) will have their service terminated immediately and will be liable for any costs incurred by the result of their actions. Outgoing (SMTP) mail facilities are provided as standard (you can usually use your ISPs outgoing mail server) but you must have a user account and password to be able to submit mail to the outgoing mail server provided for your website.

High Resource Usage
Resources are defined as bandwidth and/or processor utilization. TechGether.net may implement the following policy to its sole discretion. In order to maintain quality of service to all our clients, we reserve the right to suspend or terminate an account where it is found to be manipulating or monopolizing server resources to the detriment of other users, whether via scripts, programs, volume of mail, excess bandwidth or otherwise.  It is strongly suggested that any script development is carried out on your local PC before uploading to the server, as incorrectly configured scripts may seriously affect server performance.

The hosting packages available on this website are not intended to be used as file repositories nor as code development test-beds. TechGether.net reserves the right to remove any sites which it believes are being used for such purposes.

Loss of Service
TechGether.net web space, domain registration and email service are derived in some part via partnerships with third-party companies. No responsibility will be accepted for loss of service or consequences of such caused by server failure or actions of any of our partners service providers, or their subcontractors, representatives or employees. This included loss of data resulting from failures, delays, no deliveries, wrong delivery, and any and all service interruptions. No SLA or uptime guarantees are given, although every effort will be made to maintain service. No warranties or claims of merchantability or fitness for a particular purpose are made - either expressed or implied for service provided.

Bandwidth (data transfer) Limits
Our basic webspace accounts have pre-set strict bandwidth limits - keeping hosting fees at very competitive level for low-traffic sites. If an account's limit is reached, you may be asked to pay bandwidth fees on a monthly basis or upgrade to an account with higher bandwidth limits.  We'll be pleased to discuss this with you before you place your order or when designing your site.

Payment
All accounts are setup on a prepay basis. Although TechGether.net reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for a period of prepayment.  Payment is due each anniversary year or month following the date the account was established.  Customers will automatically be involved again at the end of their prepay period unless a cancellation notification has already been received.  No refund will be given for annual hosting fees if you choose to relocate your domain, although prompt transfer to a new host will be arranged free of charge.

In the event of late payment, your service may be discontinued or suspended until fill payment is made. No responsibility will be accepted for loss of service or consequences of such action. Services ordered are accepted on a "firm order" basis and fees, when requested via invoice, are payable strictly within 7 days from the invoice date.

Cancellations & Refunds
We require 30 days cancellation notice in writing.  When you cancel your account, all your files and access passwords will be deleted.  TechGether.net reserves the right to cancel the service at any time. In this event customers will be entitled to a prorated refund based upon their remaining period of membership. If a customer contravenes TechGether.net's terms of service and incurs cancellation, a refund will not be issued.

With the exception of domain names, a seven day cooling-off period applies to out products and services. In these seven days customers are entitled to cancel the contract and obtain a refund for their purchase.

Domain Name Terms & Conditions
The following terms and conditions apply to domain registration services offered by TechGether.net. By ordering domain registration services from TechGether.net you are agreeing to the following terms and conditions.
We will not be able to confirm that we are able to register your chosen domain name for you until we have received notification from the appropriate domain registry that the application was successful.  All domain names will remain the property of TechGether.net until full payment for that domain name has been received. We will not accept responsibility for errors made by Registration Authorities, registrars or their agents when submitting domains for registration. Claims against TechGether.net for incorrect registration on our part will be limited to replacement domains to the same retail value, at our discretion. No claims for compensation will be accepted for loss of use due to late payment.

Late Payment
We reserve the right not to release domain names whose owners' account fees remain unpaid until all invoices are settled in full.  Domains remaining unpaid for may become lapsed or detagged.

Indemnification
Customer agrees to defend, indemnify, save and hold TechGether.net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TechGether.net, its agents, its customers, officers or employees. (1) an injury to person or property caused by the products sold otherwise distributed in connection with TechGether.net's Servers; (2) any material supplied by customer infringing or allegedly infringing on the propriety rights of a third party; (3) copyright infringement and (4)any defective products sold to the customer from a TechGether.net server.

Disclaimer
TechGether.net will not be responsible for any damages a Customer's business may suffer.  TechGether.net makes no warranties of any kind, expressed or implied for services provided.  TechGether.net disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and and and all service interruptions caused by TechGether.net and its employees.  TechGether.net reserves the right to revise its policies at any time.

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