TimelessHost

Terms of Service

All users of TimelessHost services, and all customers upon signing up for TimelessHost services, agree to comply with TimelessHost Terms of Service ("TOS"). The spirit of the TOS is to ensure customers are using TimelessHost services with due regard to the rights of other Internet users and in conformity with the requirements of TimelessHost network environment. The TOS are not exhaustive and TimelessHost reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to timelesshost.com or notification of the modified TOS.

 

Any complaints about a customer's violation of the TOS should be sent to abuse@timelesshost.com. When you agree to the terms, you are also agreeing to our Billing terms. Except when expressly agreed to the contrary in writing by an authorized representative of TimelessHost, this TOS supersedes any other agreement with TimelessHost, whether written, oral, by conduct, or otherwise.

 

This TOS are among equal value with our AUP and Warranty and Warranty/Disclaimers.

Construction and Interpretation

Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

 

Governing Law and Severability

The TOS, and any other agreement for TimelessHost services, will be governed by and construed in accordance with the laws of the Country of New Zealand without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and TimelessHost will take place in The High Court of New Zealand, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other TimelessHost agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between TimelessHost and its customers. Each of TimelessHost and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Complete Agreement and Exclusivity

The TOS, and/or any other specific agreement for TimelessHost services, constitutes the complete understanding and agreement between TimelessHost and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of TimelessHost, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for TimelessHost services is between TimelessHost and its customers only and will not confer any rights in any third party except as otherwise expressly provided by TimelessHost.

Server Resources

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to reduce the resources used to an acceptable level. TimelessHost will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

 

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to TimelessHost customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a TimelessHost server, and selling or distributing software (on a Web site residing on a TimelessHost server) that facilitates spamming. Violators will face immediate suspension. TimelessHost reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

 

Uptime Guarantee

TimelessHost.com guarantees that your website will be up and running at least 95% of the time during any given 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where TimelessHost.com has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, connection issues between the client's location and TimelessHost.com data center. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that TimelessHost cannot directly influence. To request a service credit due to an uptime concern, please submit a request for this guarantee via TimelessHost's web site. If requesting a "service credit" we ask that the client briefly explains the reasons for doing so. Include any documentation supporting your request

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Ownership of Web Site

The legal owner of customers' Web sites and accounts with TimelessHost will be the individual or organization whose name is listed in TimelessHost database as the owner. Customers will fully cooperate with and abide by any and all of TimelessHost security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with TimelessHost.

 

Modifications

TimelessHost may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with TimelessHost services. Certain changes to TimelessHost services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and TimelessHost is not liable, for any and all such personalized applications and content, except as expressly agreed to by TimelessHost.

 

Backup of Data

Except where TimelessHost has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and TimelessHost is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with TimelessHost services. TimelessHost servers are also NOT be used as a backup storage and is only intented for hosting web files.

 

Refusal of Service

We reserve the right to refuse, cancel or suspend service at our sole discretion. All sub-networks, distributive hosting sites of TimelessHost must adhere to the these policies.

 

Third Party Providers

You agree that certain services may be provided by third party providers of TimelessHost and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

 

Usage and Abuse Policy
These conditions can be found in the Acceptable Usage Policy (AUP) on the left side bar.

Monetary Conditions
The following Terms of Service constitute TimelessHost Billing Policy and apply to ALL TimelessHost customers.

Payments

All charges are shown in US Dollars. Payments are to be made in US dollars. PayPal offers simple conversion from any currency to USD. TimelessHost accepts the following types of payment: 

• Credit Card (VISA, MasterCard)
• 
  
• PayPal

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide TimelessHost your credit card information (via PayPal), you authorize TimelessHost to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with TimelessHost Billing Policy in the TOS. You are responsible for directly updating, or notifying TimelessHost, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

 

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.

 

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below

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Statements

TimelessHost does not mail paper invoices or statements. Statements can be viewed and printed through myTimelessHost.

 

Late Fees

A late fee is incurred due to 2 days of the first overdue invoice notice. You will be charged daily $1.00 until which point payment is received. If no payment is received, late fees will stop incurring and your services suspended until which point, all outstanding invoices are received.

All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

 

Cancellations

Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must fill out our online cancellation form. Please be aware that there are no pro-rated refunds after the first 30 days of service.

 

Cancellation requests can be received by TimelessHost at any time. You may choose to cancel at the end of the current billing period or immediately. There is NO cancellation fee.

 

TimelessHost does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to TimelessHost services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. TimelessHost reserves the right to cancel any account, at any time, without notice, for any reason TimelessHost considers appropriate.

 

Refund Policy

Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days. Please note, we also have full power in judgement of providing refunds for our promotional offers.

 

Credit Card Disputes/Chargebacks

TimelessHost has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at TimelessHost's discretion. A charge of $50.00 per chargeback will be assessed to all accounts that receive a chargeback.

 

Billing/Price Changes

TimelessHost policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.