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 Services.
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 Solutionsís 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 donít 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 probing tools.
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 criminal violations.
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 agreements);
(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 the Services;
(f) any security breaches whatsoever affecting the Customerís 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 their equipment.
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 THE SERVICE.
Please report any violations of the TOS to firstname.lastname@example.org