Terms and Conditions
The following policies are designed to maximize the resources of TurtleHut.com
so that we may better serve the needs of each of our customers.
1) GENERAL:
By using Turtlehut.com's services, you agree to use the Internet in
accordance with the laws and the ethical rules established or to be
set up in the future. Our Terms and Conditions of Use policy is one
of zero tolerance. We reserve the right to immediately discontinue services
without liability, refund or continuance of any prepaid service fees.
By using Turtlehut.com's services, you constitute your approval of our
policy.
2) BILLING:
All accounts are expected to be paid on time and invoice are sent from
the beginning of the month, i.e. an invoice received May 1st is for
the services through the end of the month and are expected to be paid
by the end of the current month.
3) CANCELLATIONS:
All web hosting plans include a 30-day money back guarantee. If for
any reason our services haven't exceeded your standards, please let
us know within the first 30 days of account activation. Set-up fees
are refundable only if the account order is canceled prior to activation.
Refunds will be made by company check within 30 days of receipt of cancellation.
4) CONTENT:
You will not in any way use html, java or perl code that will result
unnecessary traffic nor will you install any client side applications
that will result in excess traffic. The intent of Turtlehut.com is to
provide space to serve web documents, not as an off-site storage area
for electronic files. You will also not misrepresent the site in such
a way that will result in needless traffic. Some examples of unacceptable
content or links include: pirated software, hacker programs or archives,
Warez sites, Spamware, MP3s and IRC bots. Turtlehut.com does not support;
(i) sexually explicit, obscene or pornographic content (whether in text
or graphics); (ii) speech or images that are offensive, profane, hateful,
threatening, harmful, defamatory, libelous, harassing, discriminatory
(whether based on race, ethnicity, creed, religion, gender, sexual orientation,
physical disability or otherwise) or that promote any illegal activity;
and/or (iii) graphic violence. We will terminate any account that does
not conform to these requirements. Turtlehut.com reserves the right
to terminate any account, for any reason, without prior notice or warning.
5) E-MAIL:
You will not send out advertising e-mail, unsolicited bulk e-mail (UBE)
or Spam, nor do anything that will result in excess mail traffic. You
will not use your E-mail account to receive large files or programs.
Unsolicited advertising via e-mail or newsgroups is prohibited and will
result in immediate account termination without compensation. Spamming,
including (but not limited to) mass e-mailing (unless otherwise provisioned
for), cross posting, or otherwise causing abuse to others on the Internet
is prohibited and will be grounds for account termination without compensation.
If you use the services of another provider to promote a web site hosted
by or through Turtlehut.com, then the provisions of the above Policy
shall apply as if the unsolicted e-mail were sent through our servers.
NOTE: Any accounts caught Spamming, or running Spam scripts, will be
charged a $100 clean-up fee.
6) ILLEGAL ACTIVITY:
Illegal activities, to include; unauthorized distribution or copying
copyrighted software, violation of US export restrictions, harassment,
fraud, trafficking in obscene material, and other illegal activities
will be reported to all regulatory, administrative and/or governmental
authorities. Turtlehut.com reserves the right to report all such activities.
Examples of illegal activity can also include "Denial of service"
attacks, attempts to breach authentication or security measures, or
any unauthorized attempt to gain access to any other account, host or
network is prohibited, and will result in immediate service termination.
7) ACCESS:
Access to our servers is for the express purpose of setting up and managing
your web site and e-mail. You are not to use the access to compile or
run programs that do not directly relate to the web site. You will not
view or attempt to modify files that do not belong to you. It is a crime
to access any information in the non-public part of a computer regardless
of damage or security of the information. Any actions construed to be
negligent or malicious attack is strictly prohibited.
8) EXCESS USAGE:
The purpose of the Turtlehut.com unlimited bandwidth policy is to assure
owners of standard operating web sites and small businesses that they
will not be surprise billed for bandwidth usage. It is one less thing
someone will need to worry about while hosting their web site at Turtlehut.com.
The Turtlehut.com unlimited bandwidth policy does not cover certain
web sites. For example, but not limited to, web portals, web communities
(sites that have members and/or forums), online gaming sites, image
galleries, download sites (any site that prompts for a download or has
large applets), audio/video sites and chat sites. All other accounts
for personal and small business are allowed unlimited bandwidth. If
you adhere to our Terms and Conditions of Use Policy and run a standard
web site, you will be covered under the unlimited bandwidth policy.
(99.9% of all Turtlehut.com hosted web sites enjoy unlimited bandwidth
usage.) Accounts that do not follow our Terms and Conditions of Use
policy are classified as excess usage accounts and will be billed accordingly.
In all instances, Turtlehut.com reserves the right to determine what
defines the term "excess usage".
9) 99.5% UPTIME GUARANTEE:
(1.) Coverage - This 99.5% Uptime Guarantee
applies to any Turtlehut.com client in good
financial standing with Turtlehut.com at the time of a service outage.
(2.) Service Level - Turtlehut.com endeavors to have the content of your web site available for http access by any party in the world 99.5% of the time.
(3.) Credits - In the event that your web site is not available for more than 99.5%, Turtlehut.com will credit the month's service fee. For any client, such credit shall be retroactive and shall be as calculated as the monthly service charge for the affected month. In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to the Turtlehut.com Billing Department at billing@turtlehut.com. The body of this message must contain your domain name, the dates and times of the unavailability of your web site, and your contact information. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
(4.) Restrictions - Credits shall not be provided to you in the event that you have any outage resulting from; (i) scheduled maintenance as posted from time to time at Turtlehut.com; (ii) your behavior or the performance or failure of your equipment, facilities or applications; (iii) circumstances beyond Turtlehut.com's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site; or (iv) a client breaking any item in Turtlehut.com Terms and Conditions of Use policy causing a machine to fail as a result. Dedicated Server customers are only guaranteed 99.5% uptime for network connectivity, not server performance.
10) TRADEMARK AND COPYRIGHTS:
You hereby agree and warrant that any material submitted for publication
or use through your account(s) will not violate or infringe any copyright,
trademark, patent, statutory, common law or proprietary rights of others,
or contain anything libelous or harmful, and you indemnify Turtlehut.com
as to the same.
The Digital Millennium Copyright Act ("DMCA") sets forth the
requirements for valid copyright infringement notification. Turtlehut.com
takes all allegations seriously and will investigate each notice immediately.
Once Turtlehut.com receives your infringement notice, we will notify
the web site owner that they will have 24 hours to either (i) take down
or remove the disputed material, or (ii) provide a counter-notice. Turtlehut.com
still reserves the right to remove or take down material immediately
without any prior notice.
If you would like to notify Turtlehut.com of an infringement of your
copyright, the DMCA requires that you:
· Send your notification to Turtlehut.com.
You may use one of the following two avenues for
this notification:
1. Email
to: abuse@turtlehut.com. Subject: Abuse
2. Mail
or courier to: Turtlehut.com, Attention: Abuse, 8479 Colgate St. Oak
Park, MI
48237
· Include in your notification
the following information
1. A physical
or electronic signature of the copyright owner or a person authorized
to act
on the copyright owner's behalf (the "Claimant")
2. Identification
of the copyrighted work(s) claimed to have been infringed.
3. Identification
of the material claimed to infringe the copyright(s), and enough information
for Turtlehut.com to locate it.
4. The Claimant's
name, address, and telephone number(s).
5. A statement
that the Claimant has a good faith belief that use of the disputed material
is not authorized by the copyright owner or his agent.
6. A statement,
under penalty of perjury, that the information in the notification of
copyright
infringement is accurate and that the Claimant is authorized to act
on behalf
of the copyright owner.
11) PRIVACY POLICY:
When you visit our Web site, we do NOT collect your e-mail address(es),
aggregate information on what other pages on the Web you have accessed
or visited, user-specific information on what pages you access or visit
unless volunteered. Information volunteered by the consumer, such as
survey information, online sign ups, and/or site registration will never
be released. When using our services, we agree to NEVER release your
e-mail addresses(es), domain names, and/or any other personal information
to anyone at any time.
12) BACK-UPS:
Full back-ups are made weekly, and back-ups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these back-ups. Back-ups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. If loss of data occurs due to an error of Turtlehut.com, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Turtlehut.com will attempt to recover the data from the most recent archive for a $30.00 fee.
13) WARRANTEES:
This service is provided as is. Use it at your own risk. There are no
warranties of any kind expressed or implied, including warranties of
salability or fitness for any particular purpose. Turtlehut.com is not
responsible for hardware or software damage, loss of wages, or any other
financial or personal loss resulting from the use of, or inability to
use, this service. No oral advice or written information given by Turtlehut.com,
its employees, licensors or the like, will create a warranty; nor may
you rely on any such information or advice. Turtlehut.com and its partners
and suppliers will not be liable for any cost or damage arising either
directly or indirectly from any transaction or use of the service.
14) INDEMNIFICATION:
You shall indemnify and hold harmless Turtlehut.com from any and all
loss, cost, expense, and damages on account of any and all manner of
claims, demands, actions and proceedings that may be initiated against
Turtlehut.com on the grounds that the web space content violates any
copyright, proprietary right of any person, state and federal regulations,
or contains any matter that is libelous or scandalous.
15) ACTIONS TAKEN:
The failure by a customer to meet or follow any of the Terms and Conditions
of Use is grounds for account termination. Turtlehut.com will be the
sole arbiter as to what constitutes a violation of the Terms and Conditions
of Use. Turtlehut.com reserves the right to remove any account without
prior notice.
When Turtlehut.com becomes aware of an alleged violation of its Terms
and Conditions of Use, we will initiate an investigation. During the
investigation, Turtlehut.com may restrict a customer's access in order
to prevent further potentially unauthorized activity. Depending on the
severity of the violation, Turtlehut.com may, at its sole discretion,
restrict, suspend, or terminate a customer's account and/or pursue other
civil remedies. If such violation is a criminal offense, Turtlehut.com
will notify the appropriate law enforcement authorities of such violation.
Turtlehut.com does not issue credits for outages incurred through service
disablement resulting from Terms and Conditions of Use violations. Turtlehut.com
does not issue refunds for accounts terminated for Terms and Conditions
of Use violations.
16) GOVERNING LAW:
In the event of litigation both parties agree that the Law of Michigan
shall apply and both parties consent to the jurisdiction of the state
courts of Michigan, or in the event of diversity of citizenship, the
United States District Court for the Southern District of California.
Both parties expressly waive a trial by jury.
17) CHANGES:
Turtlehut.com reserves the right to modify or otherwise amend this policy
without prior notice or warning.
© 2007 Turtlehut.com, L.L.C. All rights reserved.
