Terms of Service and Use Agreement
TVCNet reserves the right to remove any materials TVCNet does become aware of that are, in TVCNet' sole discretion, potentially illegal, could subject TVCNet to liability, or violate this policy. The use of TVCNet is subject to the following terms and conditions.
- TVCNet' services may not be used for illegal purposes, or in support of illegal activities.
TVCNet reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:
Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software; posting or emailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters; threatening bodily harm or property damage to individuals or groups; making fraudulent offers of products, items, or services originating from your account; attempting to access the accounts of others; purposefully editing or deleting an accounts' bash_history file, attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data; or harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same email address; forging any message header, in part or whole, of any electronic transmission, originating or passing through TVCNet services; distributing viruses to or from TVCNet systems.
- Anti-SPAM Policy.
SPAM is unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender, including but not limited to advertising, surveys, information pieces, third party spam'ing, web site addresses, sales, and auctions.
- TVCNet fully supports the CAN-SPAM (Controlling the Assault of Non-Solicited Pornography and Marketing Act) Act of 2003, which essentially states that recipients must give 'affirmative consent' before receiving commercial email; recipients of commercial email have a right to decline, or opt-out, of receiving further commercial email; senders of commercial email cannot mislead recipients concerning the origin of the email or its content (i.e., the commercial nature of the email must also be obvious and clear); and senders must use approved methods to obtain recipients' email addresses. "Commercial email messages must include senders valid physical postal address. This can be your current street address, a post office box youve registered with the U.S. Postal Service, or a private mailbox youve registered with a commercial mail receiving agency established under Postal Service regulations." For more details see The CAN-SPAM Act: A Compliance Guide for Business
- Upon receipt of an unsolicited email complaint, web site owner will be contacted and asked to discontinue all unsolicited email broadcasts.
- If a response is not received from web site owner within 24 hours, or unsolicited email continues to be sent from account, the account may be closed.
- Opt-in mailing lists. The verified opt-in mailing list is the industry standard method for sending legitimate email broadcasts. Definition:
An opt-in mailing list "must receive confirmation" from the email address respectively before the address can be added to a broadcast list. For example, email confirmation, or confirmation via a web page before the address is added to the mailing list is a common form of confirmation. Mailing lists without confirmation are in violation of these policies.
- TVCNet abides by the same editorial and advertising standards followed by major U.S. magazines and general publications.
- TVCNet fully supports the Digital Millennium Copyright Act (DMCA). It is our policy to respond to notices of alleged copyright infringement in a timely manner, and take reasonable action in respect to the guidelines specified in the DMCA. Trademark disputes are not covered within the DMCA; and complaints related to U. S. trademark law will be emailed to the owner of the website account respectively.
- Pictures depicted nudity and/or content unacceptable for viewing or reading by minors is not allowed. Pornographic pictures, text or domain names will be cause for immediate account termination or suspension without prior notification.
- TVCNet may not be used to host the following related web sites: Alcohol or Tobacco; illegal Drugs; hate groups; gambling, or web sites inappropriate for viewing by minors.
- Web Server Fair Use and Limitations.
- Shared servers. Use of shared server accounts for process heavy jobs, such as MUD, IRC or IRC Bots, or bulk emailing scripts are not allowed. Cron processes should not be scheduled to run more than once per 10 minutes without express permission from TVCNet staff. Scripts which have a perceivable affect on the stability or reliability of a shared web server will be disabled and notice will be sent to the manager of the account accordingly. As a general rule, individual processes may not consume more than 500k of active memory, or consistently use over 20% of available server processes.
- In order to prevent the abuse of shared server email accounts the sending of email may be limited to 600 messages per hour. Dedicated servers are not limited in regard to the number of email messages which may be sent per hour, though opt-in requirements still apply (see above for details).
- Dedicated servers or collocated servers. Clients may not run network processes which compromise our network or the network of others. While bursts of up to 40 Mbps (megabits per second) are allowed, servers will not exceed an average 10Mbps for a protracted period.
- Uptime Guarantee.
- Shared servers. If your shared hosting service has physical downtime that is not within 99.9% uptime for a given month you may receive one month of credit on your account.
- Dedicated servers are covered by a network guarantee in which credit is prorated for the amount of time the server is down due to issues within our control. Examples of issues outside our control may include denial of service attacks, domain name registry errors, or network connection issues outside of our network.
- To request a credit, please contact us.
- Money Back Guarantee.
- Shared servers. If you choose to cancel we will return any unused monthly hosting fees paid, less any other fees remaining due for services respectively.
- Custom or third party services. If you choose to cancel we will attempt to refund any unused monthly hosting fees paid, though a refund may not be possible in all cases. Some services require prepayment through third party vendors and cannot be refunded.
- Dedicated servers. Due to the separate hardware and software costs associated with the set up of a dedicated server our money back guaranteed does not apply. We reserve the right to refund a prorated amount or no refund at all based on the circumstances of your order.
- Limitation of liability.
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s).
- Neither we nor our contractors or third party beneficiaries shall be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
- You agree to take full responsibility for files and data transferred, and to maintain all appropriate backup of files and data stored on our servers. We will not be responsible for any data loss from your account, and under no circumstance will TVCNet be liable for damages of any kind for loss of account files or data on any TVCNet server.
- TVCNet can not control the business practices or integrity of domain name registrar databases. Due to these limitations, checks for domain name availability may not be accurate. If following a domain name registration the registration is denied by the registrar, payments made will be fully credited within 24 hours.
- TVCNet reserves the right to revise its terms, conditions and acceptable use policy at any time.
For further explanation of any portion this document, and the terms set herein, or to determine whether your intended activities are permissible under the terms of this document, pleasecontact us, or phone 1800-639-6442.