Terms Of Service (TOS)

Trinicom ("The Company") agrees to furnish the following services to the Subscriber ("The Customer"), subject to the following TOS (Terms of Service).

Use of Trinicom Service constitutes acceptance and agreement to this Terms of Service (TOS), as well as Trinicomís Acceptable Use Policy (AUP). All provisions of this contract are subject to the TOS and AUP. At various times, the Company may change either the TOS or AUP upon notification of the Customer. Changes shall not be grounds for early contract termination or non-payment.

Disclosure to Law Enforcement:

The AUP specifically prohibits the use of our services for illegal activities. Therefore, the Customer agrees that the Company may disclose any and all customer information, including assigned IP numbers, account history, account use, etc., to any law enforcement agent who makes a written request without further consent or notification to the Customer. In addition, Trinicom shall have the right to terminate all service set forth in this Agreement.

Service Rates:

Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated. Customer is aware that the Company may prospectively change the specified rates and charges, with 2 months prior notification to the customer. Any promotional offer is contingent upon the Company achieving and maintaining its cost of service goals, including but not limited to, rates charged to company by its suppliers. Any changes by the Company will be communicated to the Customer 2 months in advance.

Payment:

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. The Company follows an advanced payment schedule. Payments are due on the date of signup each month for each month's service. All customers (both monthly and bi-annual plans) will be automatically enrolled in recurring billing. Please be sure to keep your billing information updated. The above applies to all accounts and services provided by Trinicom. The above applies to all accounts and services provided by Trinicom.

Late Fees:

Trinicom will be enforcing late fees on all invoices starting 03/1/07. All invoices are Net 30 and are due within 30 days of the invoice date. If payment is not received within 10 days past the due date of your invoice (10 day grace period) your account will be charged a 1.5% late fee monthly until the balance is paid (18% annually). Accounts more than 30 days past the due date risk service suspension or disruption until the account is made current. If the service is disrupted there will be a $25 charge to reconnect service.

Domain Registration Payments:

All payments are due thirty (30) days after the invoice date. Should complete payment not be received by the domain expiry date, the domain name in question will automatically expire. As Trinicom has no role in controlling domain name expiry policy, it is in the clientís best interest to pay prior to the domain expiry date. Domain names will be not be renewed until full payment is received.

Web Hosting Payments:

All payments are due thirty (30) days after the invoice date. Payments can be made via cheque, Visa, MasterCard, or cash. Should full payment not be received by the hosting start date, a seven (7) day leeway will be granted. Thereafter, all email accounts will be suspended until full payment is received. If no payment is received for an additional seven (7) days, the entire hosting account will be suspended, a $50.00 reinstatement penalty applied to the account.

Payments and Fees:

Payments for all services must be made to the Company via company cheque . By agreeing to the TOS, the Customer is authorizing all applicable payments and fees. Acceptance to service (including the TOS and AUP) constitutes the electronic signature of the Customer. Electronic signatures are the equivalent of written consent by the Customer to pay all service fees and charges. Service will be interrupted on accounts that reach 90 days past due. Accounts that are not collectable by Trinicom may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Company a "Processing and Collection" Fee of not less than $100 nor more than $250. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refunds and Disputes:

All set-up fees made payable to Trinicom are non-refundable. Any overcharges or billing disputes must be reported within 60 days of the time the dispute occurred via the on-line via email. If you dispute a charge to your credit card issuer ("charge back") that, in Trinicomís sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Trinicom an "Administrative Fee" of $50.

Cancellations:

All cancellations must be submitted telephone and email. The Customer must send all applicable account information to cancel. Set-up fees are non-refundable. All cancellations requested for monthly service plans need to be notify the Company 30 days in advance. In case of 30 days or less prior notice, a cancellation fee of 100% for the following month's charges will be charged. Service will be terminated within 48 hours of written consent being received by the Company.

Failure to Pay:

The Company 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, plus reasonable interest and any collection fees.

Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company, and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Customer further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury. Some causes beyond the direct and exclusive control of the Company are, but not limited to; Hardware Failures, Network Outages, Service Provider Issues, etc.

New Domain Accounts:

All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. All domain name registration fees (as furnished by the Company) must be paid by the Customer in full prior to the actual registration of the domain.

Transfer of Domains:

New web hosting accounts which involve the transfer of a domain from another provider to Trinicom, will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. All domain transfers are subject to the Company's registration fees. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

Email Support Boundaries:

Trinicom, provides technical support to our customers via telephone and online email. The Company limits its technical support to its area of expertise. The following are the guidelines for providing support: Trinicom provides support related to the Customer's sites housed on the Company's servers. Trinicom Inc only provides support for incoming email issues. Trinicom does not provide support for outgoing (SMTP) email issues. Trinicom does not offer technical support for application specific issues, such as cgi, php programming, html, coding issues or any other such issue. This support issue will necessarily incur extra charges billed at the standard hourly rate of 125$/ hour.

Uptime Guarantee:

See the Trinicom SLA.

Spam Policy:

SPAM and Unsolicited Commercial Email (UCE): Trinicom maintains a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers of Trinicom may not use or permit others to use our network to transact in UCE. Customers of Trinicom may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Trinicomís SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Trinicom will initiate an immediate investigation (within 48 hours of notification). During the investigation, Trinicom may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Trinicom may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Trinicom reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Trinicom will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $500 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $800 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $220 per hour that Trinicom personnel must spend to investigate the matter.

As our reseller Customers are ultimately responsible for the actions of their clients over the Trinicom network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

Network

IP Address Ownership:

If Trinicom assigns the Customer with an Internet Protocol (IP) address for Customer's use, the right to use that Internet Protocol address shall belong only to Trinicom, and the Customer shall have no right to use that Internet Protocol address except as permitted by Trinicom in its sole discretion in connection with the Services, during the term of this Agreement. Trinicom shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to the Customer by Trinicom, and Trinicom reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. Therefore, you must use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we reserve the right to revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage:

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"), without additional charges being incurred. Trinicom will monitor the Customer's bandwidth and disk usage. Trinicom does offer additional bandwidth and disk usage for the advertised fee. Trinicom shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Trinicomís sole and absolute discretion. If Trinicom takes any corrective action under this section; Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Trinicom will charge the customer's as per the current advertised prices.

System and Network Security:

Users are prohibited from violating or attempting to violate the security of the Trinicom Network. Violations of system or network security may result in civil or criminal liability. Trinicom will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host, server, or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

Trinicom 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 TOS or AUP to monitor or police Internet-related activities.

First violation: Any User, which Trinicom determines to have violated any element of the Terms of Service or Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Trinicomís discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that Trinicom determines to have committed a second violation of any element of the Terms of Service or Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network (resellers), or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation:

Trinicom reserves the right to suspend network access to any customer if in the judgment of the Trinicom network administrators the customer's account/server is the source or target of the violation of any of the other terms of the TOS or AUP or for any other reason which Trinicom 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 account(s) was/were suspended.

Trinicom Communications LLC reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Trinicom must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. Resellers will be held responsible for the actions of your clients in the matter described on these terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification:

Trinicom Communications LLC wishes to emphasize that in agreeing to the Trinicom Communications LLC Terms of Service (TOS) and Acceptable Use Policy (AUP), customer indemnifies Trinicom for any violation of the Terms of Service (TOS) and Acceptable Use Policy (AUP) that results in loss to Trinicom or the bringing of any claim against Trinicom by any third-party. This means that if Trinicom is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Trinicom, plus all costs and attorney's fees.

Miscellaneous Provisions:

You must provide us with, and keep current, good contact information for you. Please keep all contact information up to date. A waiver by the Company of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Customer shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Customer. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Trinicom takes no responsibility for any material input by others and not posted to the Trinicom Network by Trinicom. Trinicom is not responsible for the content of any other websites linked to the Trinicom Network; links are provided as Internet navigation tools only. Trinicom 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.

It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund, as well as possible fines.

Responsibility for Content:

You, as Trinicomís customer, are solely responsible for the content stored on and served by your Trinicom server.

Note: Trinicom reserves the right to revise, amend, or modify this SLA and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted at http://www.trinicom.com/trinicom/tos.asp.


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