Techcruiser Solutions : Content Management Software & Hosting Terms of Service
Last updated: Saturday, Sep 29, 2012
Techcruiser Solutions provides its service to you, subject to the following Service
Terms, which may be updated by us from time to time without any notice to you. While
using Techcruiser Solutions services, you agree to the following terms. Further,
you agree to review our terms of service at least once a month to ensure that you
are in compliance with any modifications. Techcruiser Solutions makes no guarantee
about system uptime; however, our past experience has proven over 99% uptime.
2.1 Techcruiser Solutions will use reasonable efforts to supply a continuous service.
However, Techcruiser Solutions is not liable for any loss of data resulting from
delays outside of our control, missed or non-deliveries, service interruptions or
by errors or omissions of the customer. Techcruiser Solutions is not responsible
for any losses suffered resulting from acts of god or force majeure including civil
unrest, riots, floods, drought, fire, war and imposing legislation.
2.2 You agree that Techcruiser Solutions is not liable to you for any special consequential
damages which you may suffer as a result of loss of business, contracts, profits,
savings or otherwise. Techcruiser Solutions is unable to exercise control over material
sent over the internet and excludes all liability of any kind for the publication
by the Customer of inaccurate, misleading, offensive, threatening or obscene material,
or material that is in breach of applicable laws.
2.3 Techcruiser Solutions customers are liable for all charges levied by their telephone
service provider arising from the Customer's use of the Services.
2.4 The Customer agrees that it will not re-sell, sub-lease, reassign or transfer
any part of the Services.
2.5 We are under no obligation to edit, review or modify the contents of your website.
However, we reserve the right to remove any content without notice. For the avoidance
of doubt we do not pro-actively monitor messages that you may post on our managed
sites, but we reserve the right to remove such message at our sole discretion.
2.6 The Customer agrees to fully and effectively indemnify Techcruiser Solutions
against all losses, costs, actions, proceedings, claims, damages, expenses, (including
legal expenses) or liabilities, howsoever suffered or incurred directly by Techcruiser
Solutions in consequence of the Customers breach or non-observance of this Clause.
2.7 Techcruiser Solutions reserves the right to disable/delete any feature or application
without notification if that feature/application is found to be detrimental and/or
is hampering the web servers overall health and performance.
2.8 If you are in any way disrespectful towards any member of the Techcruiser Solutions
staff we have full right to terminate your account with us without any refund.
2.9 Techcruiser Solutions will use reasonable efforts to protect and backup data
for clients on a regular basis, however, Techcruiser Solutions does not guarantee
the existence, accuracy, or regularity of its backup services and, therefore, you
are solely responsible for making back-up files in connection with your use of the
2.10 Any service interruptions or downtime due to scheduled maintenance by Techcruiser
Solutions or our network providers will not count towards the uptime guarantee.
Techcruiser Solutions is not liable in any way for failure of third party services.
3. Commercial Advertising- Email (SPAM)/Unsolicited Commercial Email (UCE)
You agree and understand that spamming, sending unsolicited emails from our servers
or using email addresses that are maintained by us is STRICTLY prohibited and will
qualify your Account for immediate deactivation with no refund. Techcruiser Solutions
would be the sole arbiter as to what constitutes a violation of this Clause.
Techcruiser Solutionss all in one hosting package provides users with 2GB of space
and 40GB of data transfer per month. Storage space over the 2GB allowance is billed
at the rate of $10/500 MB per month. Data transfer (bandwidth) over the allowance
is billed at the rate of $10/GB per month. You understand and agree that the Service
is provided "AS-IS" and that Techcruiser Solutions assumes no responsibility for
the timeliness, deletion, or failure to store any user communications or personalization
settings. Furthermore, all websites under our system requires the Techcruiser Solutions
branding information below the footer of your website. We reserve the right to change
this verbiage as needed. Private labeling is available for additional fees should
you have the need to remove the standard Developed by Techcruiser Solutions branding.
NOTE: TECHCRUISER SOLUTIONS RESERVES THE RIGHT TO CHANGE PRICES AS NEEDED WITHOUT
FORMAL NOTICE. TECHCRUISER SOLUTIONS WILL ATTEMPT TO NOTIFY CUSTOMERS OF ANY SIGNIFICANT
PRICE CHANGES WITH AS MUCH ADVANCED NOTICE AS POSSIBLE.
5. Reverse Engineering Prohibited
Unauthorized reverse engineering of the Software, whether for educational, fair
use, or other reason is expressly forbidden. For the purposes of this document the
term "reverse engineering" shall apply to any and all information obtained by such
methods as decompiling, decrypting, trial and error, activity logging, or analysis
of database design.
6. Techcruiser Solutions Billing
6.1 Your charges will show on your credit card statement as Techcruiser. Techcruiser
Solutions bills you at the beginning of each month for the monthly service fee or
as per the plan selected by you. The monthly fees will continue automatically until
your Techcruiser Solutions Hosting account is canceled .All fees paid at the beginning
of the month are non-refundable, although there are no long term contracts and your
website may be turned off at your request anytime, with no future billings, other
than any potential overage charges prior to cancellation and any outstanding balances
on the account.
6.2 Invoices are generated 5 days before the official due date. Payment must be
made by the due date to avoid the suspension of your account. If no payment is received,
your account will be suspended 5 days after the official due date. If no attempt
is made within the next 10 days to pay due invoice(s), we reserve the right to permanently
terminate your account and format all data held. In total 15 days from the official
due date will pass before we permanently terminate your account.
6.3 All currency references are in U.S. dollars. Prices quoted for all services
include all applicable taxes. We dont store your credit card info and payments
can be made using PayPal/Credit Card.
7. Security and Viruses
7.1 You are responsible for any misuse of your Account and you must take steps to
ensure that others do not gain unauthorized access to your Account. You may not
use your Account to breach the security of another account or attempt to gain unauthorized
access to another network or server.
7.2 Your password provides access to your Account. It is your responsibility to
keep your password secure.
7.3 Sharing your password and account access with unauthorized users is strictly
prohibited. You must take care and prevent others from using your Account since
you will be responsible for the consequences.
7.4 Attempting to obtain another user's account password is strictly prohibited,
and will result in termination of service.
7.5 You must adopt adequate security measures to prevent or minimize unauthorized
use of your Account.
7.6 You may not attempt to circumvent user authentication or security of any host,
network or account. This includes, but is not limited to, accessing data not intended
for you, logging into or making use of a server or account you are not expressly
authorized to access, or probing the security of other networks. Use or distribution
of tools designed for compromising security is prohibited. Examples of these tools
include, but are not limited to, password guessing programs, cracking tools or network
7.7 You may not attempt to interfere with service to any user, host or network or
carry out DOS attacks. This includes, but is not limited to, "flooding" of networks,
deliberate attempts to overload a service, and attempts to "crash" a host.
7.8 You agree and understand that users who violate systems or network security
may incur criminal or civil liability. Techcruiser Solutions will cooperate fully
with investigations of violations of systems or network security at other sites,
including cooperating with law enforcement authorities in the investigation of suspected
7.9 You agree to complete your own tests for computer viruses in accordance with
best computing practice prior to each and every operational use of the Services
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly or privately
transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not Techcruiser Solutions, are entirely responsible for
all Content that you upload, post or transmit.
You agree to NOT use the Service to:
(a) Upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity, including, but not limited to, a Techcruiser
Solutions Admin, Moderator, Merchant, Member or otherwise misrepresent your affiliation
with any person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
(e) Upload, post, email, transmit or otherwise make available any Content that you
do not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
(f) Upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
(g) Upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation.
(h) Upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware
or telecommunications equipment;
(i) Interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
(j) Intentionally or unintentionally violate any applicable local, state, national
or international law.
(k) "stalk" or otherwise harass another;
(l) Collect or store personal data about other users illegally or without member
agreement and/or permission.
Techcruiser Solutions acknowledges and agrees that with respect to Customer Content
Techcruiser Solutions may preserve Content and/or disclose Content only if required
to do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties;
(d) protect the rights, property, or personal safety of Techcruiser Solutions, its
users and the public; and protect the rights and property of the customer, its employees,
its agents, its affiliates, its members, their affiliates, users of the customer
site and the public.
(e) You understand that the technical processing and transmission of the Service,
including your Content, may involve transmissions over various networks; and changes
to conform and adapt to technical requirements of connecting networks or devices.
10. Limitation of Liability
10.1 Techcruiser Solutions disclaims all liabilities in connection with the following
(a) loss of material uploaded;
(b) incompatibility of the Services with any of the Customer's equipment, software
or telecommunications links;
(c) technical problems including errors or interruptions of the Services;
(d) unsuitability, unreliability or inaccuracy of the Services;
(e) computer viruses of any kind obtained by the Customer in the course of using
(f) any security breaches whatsoever affecting the Customers Account.
10.2 In no event shall Techcruiser Solutions be liable either in contract, tort
(including negligence) or otherwise for indirect, incidental or consequential damages,
including without limitation, loss of income, data, use or information.
10.3 We exclude all liability of any kind in respect of any material on the internet
posted by the Customer by means of the Services and we are not responsible in any
way for any goods (including software) or services provided by third parties advertised,
sold or otherwise made available by means of the Services or on the internet, the
accuracy, completeness or suitability for any purpose of any website content and
the acts or omissions of other providers of telecommunications or internet services
(including domain name registration authorities) or for faults in or failures of
10.4 Techcruiser Solutions will not be liable for failure or delay in performing
its obligations if such failure or delay is due to circumstances beyond its reasonable
control, including but not limited to acts of any governmental body, war, insurrection,
sabotage, embargo, fire, flood, strike or other disturbance, interruption of or
delay in transportation, unavailability of, interruption or delay in telecommunications
or third party services (including DNS propagation), failure of third party software
or hardware or inability to obtain raw materials, supplies or power used in or equipment
needed for provision of the Services.
11. Trial Usage
Techcruiser reserves the sole right to determine whether a prospective customer
is entitled to trial usage of the products and services offered by Techcruiser.
Further, it is the exclusive prerogative of Techcruiser to determine what type of
Services and products are made available to a particular Prospective Customer and
the duration of trial usage in this regard. Techcruiser shall not entertain any
queries pertaining to this policy from Prospective Customers or for that matter
from existing Customers who are desirous of seeking trial use of products of Techcruiser
other than the ones they have subscribed to. Further in the event of any default,
infringement or indiscretion committed by a Trial User of the Products and Services
offered by Techcruiser, the same shall be deemed to be as committed by a Customer
of Techcruiser and shall invite penalties and prosecution as detailed in these presents.
If and when a dispute does arise between the Parties herein, the venue for arbitration
shall be mutually decided among the Parties to these presents.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Techcruiser Solutions SHALL NOT BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Techcruiser Solutions HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
Please report any violations of the TOS to firstname.lastname@example.org