Tsulutions, LLC - Terms of Service (TOS)

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TERMS OF SERVICE

Terms of Service

The Terms of Service (“TOS”) sets forth the regulations and documents all information for the customer (“you, "customer", "the customer”, ”he”, ”she”, ”user”) and creates a binding agreement between Tsulutions, LLC. (“Tsulutions”, ”we”, "company", "the company”) and the customer.

This document is to be READ and RETAINED so that you may refer to it whenever needed or if there is a question regarding our services and/or policies. A faxed copy may be obtained upon request.

This document is active throughout the life of the customer’s account regardless of any changes that may be made throughout the time the customer is still using our services.

This contract supersedes any previous TOS or any other separate agreement that may be consolidated from here within.

Accounts Receivable / Billing
Billing services and accounts payable are handled by the Tsulutions Accounting Department. All customers upon signup of service should understand the following:

The billing procedures set forth are on a prorated basis from the 1st of the current month and the 1st of each month consecutively. If a user opens an account for $30.00 on the 10th of the month, he/she will be billed $20.00 until the 1st of the following month. On the 1st, he/she will be then billed the full price of the product for the upcoming month. Any order placed after the 15th of the month will require payment of pro-rate for the rest of the current billing period in addition to the full price of the upcoming month.

If a non-standard payment agreement is accepted, these must be paid three months in advance due tot he hassle associated with managing such payments.

Two consecutive declines of your credit card for are grounds for account termination.

Delinquency
Tsulutions maintains a strict policy towards delinquent accounts. The Tsulutions Accounting Department will take several steps to correct and collect any accounts past due.

A late fee of 20% will be added to all invoices which remain unpaid after the due date specified. This fee is automatically added to your current balance and therefore must be paid before services will be restored.

Credit card declinations are issued a $2.50 penalty for the initial declination and a $1.25 fee for each consecutive declination. If Tsulutions is unable to collect hosting fees from the user’s credit card after the third attempt, a notice of suspension will be sent to the user followed by an immediate suspension of the customer’s account and access to support services. In order for the account to be restored to full service, the user must call our customer service center with an available payment method to resolve the outstanding balance.

Repeat infractions regarding payment will result in measures by our Accounting Department to collect three to six months in advance for services.

Service Fees
The customer acknowledges that all fees assessed to his/her credit card, debit card or bank account has been properly communicated to him/her and that any discrepancies in payment for services will be discussed exclusively between the customer and Tsulutions.

Refunds & Credit Card Disputes
Tsulutions offers a "Satisfaction Guaranteed" five (5) day trial on all our products. All of our webhosting products include an extended twenty-five (25) day trial (for a total of 30 days). Extended trial period applies to webhosting products only. All other products will be pro-rated as needed. Users who continue service after this trial period are not eligible for any refunds whether full or partial.

Any setup fees incurred will not be refunded.

Any and all billing disputes must first be reported to our Accounting Department within the initial 30 days of the dispute. If a charge issued by Tsulutions is disputed with the customer’s credit card issuer and the charge is deemed valid under the provisions of the company’s TOS, the customer agrees to pay Tsulutions, LLC, Inc. an “Administrative Fee” of no less than $25 and no more than $125. Any monthly fees refunded to the customer by their card issuer or bank after our five day trial period when tangible or intangible services have been rendered, will result in a standard $250 fee which will be added to your current balance and filed against you through our collection agency. The account holder will be responsible for all legal fees related to the collection process in addition to the balance owed.

Paypal Policies
By accepting these Terms of Service and paying with a Paypal debit card, through the Paypal system, etc. you acknowledge that payment(s) made for any intangible goods/services will be refunded at the sole discretion of Tsulutions, LLC. You are to understand that it is Paypal's traditional position to recover any contested monies for intangible goods and return them to the buyer unless specific criteria are met. To protect ourselves from fraud, you hereby waive your buyer's rights and permit Tsulutions, LLC to collect on any item sold to you using this payment gateway regardless of whether or not we deliver a tangible item to you.

We will add a 10% "Paypal Useage Fee" to all invoices which are paid using the Paypal system. The reason for this fee is Paypal has imposed a 10% holding fee on all deposites made by our business in addition to the transaction fees we already pay. It is their claim that this holding is a security feature and that it cannot be removed. As such, this fee has been passed to our clients who opt to use this system. This fee can be avoided by using an alternative payment gateway or mailing your payment in.

Package Changes
At some point it may become necessary to either upgrade, downgrade, or change the details of your product or service. UPGRADES can be performed at any time without penalty. If you have already paid for the current billing period, a credit will be issued towards your new package. DOWNGRADES BEFORE THE BILLING DATE are without penalty. DOWNGRADES AFTER THE BILLING DATE, but before a late fee has been assessed will require a downgrade fee equal to 75% of the difference of the two packages. If the late fee has already been assessed you will be billed the late fee and 50% of the difference of the two packages.

Account Cancellation
In order to maintain a high quality of service to its clients, Tsulutions has provisioned and maintained a specific set of rules and regulations which govern cancellation of Service with our company. Cancellations may be done by mail, phone, fax, or support ticket. Cancellations will not be accepted by email or other forms of electronic communication such as messenger programs or chat rooms.

Any cancellation done by mail or fax shall require the customer to send in a printed copy of the very first and very last invoice generated by Tsulutions, LLC along with a formal request to terminate services. Cancellations done by phone will require confirmation of identity as well the payment information used for purchase. To the discretion of Tsulutions, the company may request photo identification to ensure proper and legal cancellation of the account and other services. Any cancellations which require any sort of refund or applied credit further requires proof of charge (such as a credit card statement showing the charge).

In order to maintain a good standing with our company cancellations must be made no later than the 20th of the month. All services billed up until the point of cancellation are non refundable. Please refer to our Refunds policy.

Affiliate Program Conditions
Tsulutions offers an affiliate program which enables our customers to refer new customers to us and earn a comission based on the sale. In the event that a customer becomes an affiliate and accepts a comission payment within their first 30 days of service with us, their trial period for all products is voided.

Disclosure and Cooperation with Law Enforcement
Tsulutions with or without prior notice to the customer may:
--Provide any information regarding the customer in response to any formal request by law enforcement, other government agency or court order.
--Disclose any phone recordings, chat logs, emails inclusive of their respective headers, assigned IP numbers or any evidence proving or disproving active communication by the customer.

Abuse & Internet Security
In an effort to maintain a quality network, Tsulutions has implemented specific policies regarding the type of content allowed to be hosted on our network. These policies apply to all types of accounts including Corporate and Fortune company accounts.

Customers may not engage in illegal, irresponsible, abusive and/or otherwise deemed harmful activities including but not limited to:
--Utilizing Tsulutions servers for running a free (for the masses) e-mail service is considered unacceptable due to the SPAM issues that come with the mentioned activity.
--Any form of copyrighted materials where the copyright is not owned by the service subscriber.
--The hosting of pirated software (warez) or any other form of unauthorized data access.
--The hosting of, or linking to, any public IRC network. Private networks are OK.
--The use of software that may compromise or otherwise cause any reason to alarm other networks, including tcp probes, vulnerability scanning of remote computers, address spoofing, “phishing” or any other activity that will be deemed a threat to other service providers, personal users and corporations.
--The use of software that may compromise, degrade service, or otherwise cause alarm to the Tsulutions network or its hardware and family of other services.
--The forgery of any TCP/IP packet in an effort to undermine Tsulutions’s servers, remote servers or otherwise.
--Any misconduct that may cause alarm to government agencies, legal and electronic retaliation upon the network owned by Tsulutions, LLC, its servers or other devices connected to the Internet.

SSH access is strictly on a case by case basis, the company will ask you for photo-ID should you require it and a reason for requesting it as well.

The security department at Tsulutions, LLC remains diligent in tracking suspicious activity throughout our network. In the case of any infringement of security caused by one of Tsulutions’s customers, the company will conduct a proper and thorough investigation and cooperate with local, state and federal authorities to prosecute and/or convict any violators.

Security & Liability
Although Tsulutions provides managed hosting services to many of its customers, it is up to the responsibility of the user to ensure that he/she takes reasonable precautionary measures to protect his/her files, content, property or other non-tangible assets hosted on the Tsulutions network. The user is solely responsible for any security breaches of his/her account, dedicated server, collocated server or other device connected to the Internet.

If a device is deemed to be causing considerable damage to the Tsulutions network, the company may take measures such as rate limiting, port blocking or even removing the device from the network altogether with or without the consent of the customer. Refunds will not be made on security related disconnections.

Responsibility of Content
The customer is solely responsible for the content hosted within his/her web space and/or access. Tsulutions is not responsible for any inflammatory and discriminatory remarks made by its users within their web space. The company will also comply with any authorities in providing evidence of any case that involves the customer and any or all criminal proceedings thereafter.

Chat Rooms, Newsgroups and Bulletin Boards
It is up to the responsibility of the user to maintain the integrity of his/her chat room, newsgroup or bulletin board. Tsulutions takes no responsibility for the postings or actions made on and during these mediums of cyber communications. The customer who runs any of these communication mediums is responsible for complying with any rules and regulations set forth by their software vendors, USENET, IRC and any rules set forth by Tsulutions, LLC in accordance with our policies regarding abuse and law enforcement.

Circumvention of Limits
Tsulutions places emphasis on the limitations it applies to each account. These limitations have valid reasons to protect the server, accounts on the server as well as the account purchased directly by the user. However, in some instances a user may try to circumvent such limitations on their service by whatever software means available. The circumvention of these limitations is against our policy, any all accounts found doing this will be terminated immediately. No questions asked and no refunds.

Miscellaneous
It is the customer’s responsibility to provide Tsulutions with up-to-date and accurate contact information. This information will be stored in our database and kept for primarily emergency contact purposes, billing notices, service interruption announcements, etc. The customer can and will be contacted by the company for any reasons deemed necessary. Failure to provide accurate and up-to-date contact information is grounds for account termination.

Any waivers initiated by Tsulutions may not be transferred, operate or otherwise be construed to continue any waiver initiated prior to the last or combined with the waiver of any other company outside of Tsulutions, LLC.

The customer may not use this document in accordance with any other document provided by Tsulutions unless explicitly stated by the company. The company reserves the right to remove the rights and protections outlined in this contract at any time without the customer’s consent or other further obligation.

Tsulutions will not take responsibility for any damages the customer’s business may suffer. Tsulutions does not express or imply any warranties of its hardware or services and denies any warranty or merchantability for any specific purpose. This includes but is not limited to data loss, delays in service, non-service, wrong delivery or any other kind of service interruptions caused directly or indirectly by Tsulutions, LLC.

Tsulutions reserves the right to ask each and every customer for purpose of usage and identification documents if shell (or jailed shell) access is requested by the customer.

Amendments to the TOS
With the continuing rapid growth of the Internet, new security procedures and various new technologies evolving, Tsulutions must make preliminary provisions to allow for the modification of the Terms of Service (TOS) from time to time. These modifications may impose or relax certain restrictions on the customer. These modifications can and will be made without the consent of the customer.

It is the customer’s responsibility to keep up with the changes of the terms of Service.

Denial of Service
We reserve to the right to refuse service to anyone at any time for any reason.

Zero Liability
Tsulutions makes no warranty claims on service nor assumes liability for any damages to your web site, company, data, etc. for hosting with us. The security of your web site is solely your responsibility and Tsulutions will not be held responsible incase of your web site being compromised (although we take every measure possible to keep our servers 100% secure). Any losses incurred resulting from hosting with us are solely your liability, there are no warranties either express or written. Service specification is subject to change at any time without prior notice.