ThinkSupport.net agrees to provide services to the Customer, subject to the following TOS (Terms of Service) & AUP (Acceptable Usage Policy).
ThinkSupport.net reserves the right to change this TOS & AUP at any time, without notice to the Customer.
Managed Dedicated Server Clients
New Dedicated Servers: All new Dedicated/Managed servers will be setup within 24 - 72 hours from the date of first payment.
All services provided by ThinkSupport.net may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ThinkSupport.net from any claims resulting from the use of the service which damages the subscriber or any other party.
Adult Material: Adult Material is allowed. If a website is found to contain illegal adult material, the website will be terminated without notice.Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Examples of unacceptable material on all Dedicated Servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), locally hosted chat scripts, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
Acceptable material on Dedicated Servers:
Proxy Scripts / Anonymizers, Image Hosting sites and muds / rpg's -- We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
We are not saying that your web site cannot contain such files as scripts (just one example), however if at any time they consume 5% or more of our systems resources you might be contacted to resolve the problem or if an emergency - your account would be disabled.
ThinkSupport.net will be the sole arbiter as to what constitutes a violation of these terms.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $3.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same. Your account will be suspended automatically by our systems in the case of that the traffic limit has been reached. This is to protect you in case a 3rd party is mis-using your account without proper permission (eg. somebody hacked your account) and b) to protect us as we are responsible for paying the increased amount of bandwidth to our wholesaler.
Commercial Advertising - Email: Spamming, or the sending of unsolicited email, from any dedicated server or using an email address or domain that is maintained on dedicated machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, too.
ThinkSupport.net will be the sole arbiter as to what constitutes a violation of this provision. Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. You can use the chat rooms provided through our control panel.
Background Running Programs. We may allow programs to run continually in the background. These are considered on a case by- case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC : We currently do not allow IRC or IRC bots to be operated on our servers.
Forums: You will be allowed to install any kind of Forums software. However - many cgi-based applications may use more system resources than like PHP based software. We recommend the use of applications like phpBB or vBulletin forum software. If necessary we will require you to shut down the forum or move to a dedicated server.
Any attempt to undermine or cause harm to a server, or customer, of ThinkSupport.net is strictly prohibited.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification. All Sub-Networks, distributive hosting sites and dedicated servers of ThinkSupport.net must adhere to the above policies.
All due invoices should be paid by the due date on the respective invoice. As a courtesy we will send an email notification before the due date, at which point you will be required to make the payment for the due invoice within 24 hours. If we do not receive a response within 24 hours the account will be deactivated and any accounts under that account plan.
Dedicated Server Deactivation: The due invoices for Dedicated servers must be paid on or before the due invoice date. If the payment for the due invoice is not received on or before the due invoice date, we will unplugg your server and reload it. ThinkSupport.net does not take the responsibility of any kind of data backup in case the server is reloaded and invoice is paid after the due date.
Cancellation Refunds: We DO NOT offer any kind of refund policies with our managed dedicated servers.
All prices are in US-Dollar and/or UK-British Pound. We are not responsible for any currency exchange fees of your credit card company or your bank.
LIMITATION OF LIABILITY:
ThinkSupport.net shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ThinkSupport.net servers going off-line or being unavailable for any reason whatsoever. Furthermore, ThinkSupport.net shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ThinkSupport.net servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.
You agree to indemnify, defend, and hold harmless ThinkSupport.net from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, ThinkSupport.net, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Violations of these Acceptable Uses Policies should be referred to abuse@ThinkSupport.net
All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.
ThinkSupport.net cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. We are currently functioning as a reseller for the web hosting services. Thus, certain equipment, routing, software, and programming used by ThinkSupport.net are not directly owned or written by ThinkSupport.net. We also depend on the services and terms of the Seller of these services. If any of our ToS is (for whatever reason) out of the ToS of the seller - the seller's ToS apply. Moreover, ThinkSupport.net holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as ThinkSupport.net sees fit. We cannot be held liable for
links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!
SPAM: ThinkSupport.net takes a zero tolerance approach to the sending of spam email using ThinkSupport.net’s servers. Very simply this means that customers of ThinkSupport.net may not use or permit others to use our network to transact in spam emails. Customers of ThinkSupport.net may not host, or permit hosting of, sites or information that is advertised by spam from other networks. Violations of this policy carry severe penalties, including termination of service.
As our Customers are ultimately responsible for the actions of their clients, while using ThinkSupport.net servers it is advisable that Customers develop a similar, or stricter, policy for their clients.
Notification of Violation:
ThinkSupport.net is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which ThinkSupport.net determines to have violated any element of this AUP, shall receive an email, warning them of the violation. The service may be subject at ThinkSupport.net’s discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
Second Violation: Users that ThinkSupport.net determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
Suspension of Service or Cancellation:
ThinkSupport.net reserves the right to suspend access to any customer if in the judgment of the ThinkSupport.net system administrators the customer's account or server is the source or target of the violation of any of the other terms of the AUP or for any other reason which ThinkSupport.net chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts or servers were suspended.
ThinkSupport.net reserve the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all ThinkSupport.net services at your own risk. ThinkSupport.net specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ThinkSupport.net be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold ThinkSupport.net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ThinkSupport.net, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ThinkSupport.net against liabilities arising out of:
1. any injury to person or property caused by any products sold or otherwise distributed in connection with ThinkSupport.net’s servers;
2. any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement and
4. any defective products sold to customer from ThinkSupport.net’s server.
ThinkSupport.net shall be the sole arbiter as to what violates this Policy.
You must provide us with, and keep current, good contact information for you. E-mail contacts are used.
ThinkSupport.net is not responsible for the content of any other websites linked to the ThinkSupport.net servers; links are provided as Internet navigation tools only. ThinkSupport.net disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
ThinkSupport.net is not responsible for any damages your business may suffer. ThinkSupport.net does not make implied or written warranties for any of our services. ThinkSupport.net denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ThinkSupport.net.
Responsibility for Content:
You, as ThinkSupport.net’s Customer, are solely responsible for the content stored on and served by ThinkSupport.net’s dedicated server.
Server Management Clients
Customer agrees to defend, indemnify and hold harmless ThinkSupport.net against liabilities for any damage caused by, or in connection with any content or services available through us.
One Time Services
One time services include the Essential Server Setup, Fortified Server Setup, kernel upgrades, administrative time, any other non-monthly or non-ongoing services provided by ThinkSupport.net. No support will be given to these services, including troubleshooting any problems that occur caused by the services, unless ThinkSupport.net so chooses. ThinkSupport.net reserves the right to refuse additional support.
One hour minimum payments are required with administrative time.
Payments and Fees: Establishment of this service is dependent upon receipt by ThinkSupport.net of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
Failure to Pay: ThinkSupport.net may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges. Service will be interrupted on accounts immediately that do not provide payment on the due date. Early notification is suggested to prevent such interruption in service.
Cancellations/Refunds: Setup Fees and One Time Services are NON-refundable under any circumstance, unless deemed appropriate by ThinkSupport.net. Monthly service charges will not be refunded if the refund is requested after the due date. The customer may choose to cancel at anytime. To cancel your account, send a ticket to the Billing Department.
ThinkSupport.net will not use or disclose to others customer’s “Confidential Information”, except when necessary to perform the services under this Agreement. ThinkSupport.net reserves the right to provide this information to its employees, representatives, and contractors. "Confidential information" includes customer's server login information and any information in which the customer has explicitly stated as confidential. Customer agrees to indemnify ThinkSupport.net on account of the unlikely compromise of the Customer's vital information.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT ThinkSupport.net SHALL NOT BE LIABLE 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 ThinkSupport.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) ANY DIRECT OR INDIRECT RESULT OF ThinkSupport.net SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY DAMAGES TO CUSTOMERS SERVERS CAUSED BY ThinkSupport.net OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
ThinkSupport.net is not responsible for any damages to Customer’s business. Customer agrees not to hold ThinkSupport.net liable for any loss of data or damages to Customer or Customer’s business caused by ThinkSupport.net’s own negligence or a direct or indirect action by ThinkSupport.net. In the event that such an incident occurs, customer acknowledges that ThinkSupport.net's maximum liability shall not exceed an amount equivalent to the charges paid by the Customer for services during the ninety (90) day period prior to the date damages occurred. ThinkSupport.net specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ThinkSupport.net be liable for any loss, los of profit, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential, direct, or other damages, even if out of negligence. Customer agrees that it shall defend, indemnify, save and hold ThinkSupport.net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ThinkSupport.net, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns.
The Customer acknowledges and agrees that the cost of service charged by ThinkSupport.net does not take into consideration possible incidental, consequential, indirect, special, or accidental damages arising out of the use of the service provided by ThinkSupport.net. The Customer acknowledges that the limitations set forth in this TERMS OF SERVICE are integral to the cost of service charged by ThinkSupport.net in connection with the usage of services provided by ThinkSupport.net and that were ThinkSupport.net to assume any further liability other than as set forth herein, such costs of service would, out of necessity, be set substantially higher.
THE CUSTOMER AGREES TO USE ThinkSupport.net’s services AT YOUR OWN RISK. ThinkSupport.net WILL NOT BE HELD LIABLE FOR ANY DAMAGES TO THE CUSTOMER, THE CUSTOMER’S SERVER(S), or THE CUSTOMER’S BUSINESS IN ANY CIRCUMSTANCE.
This means if ThinkSupport.net logs in to the Customer’s server, and damages the Customer’s server, websites, or business in any way, ThinkSupport.net’s maximum liability is the amount equivalent to the actual price paid to ThinkSupport.net during the ninety (90) days prior to the date the damages occurred.
If you do not accept or understand any part of our TERMS OF SERVICE and our ACCEPTABLE USAGE POLICY, do not sign up with our service.
By signing up with our service in any form, or utilizing our services in any form, you agree to accept, comply, and understand in full ourTERMS OF SERVICE and our ACCEPTABLE USAGE POLICY.