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Terms of service

The term “TortoiseHareMedia”, "TortoiseHareMedia.com" “we” or “us” refers to TortoriseHare Media INC. Also, on this page, the term "services" refers to the web hosting, web design, web development, business card design, logo design and or Internet Marketing services that we will provide to you.

In exchange for the fees you pay in advance, we will host your website on our server. It is imperative that you follow the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you.  We will provide the services according to the specifications listed for the hosting package you select during signup.

Permission to Host Your Content

Hosting only plans:  For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

Our Services

Your services will be provided 24 hours a day, 7 days a week. Sometimes, however, for a number of reasons, the services may be unavailable to you. Although we boast a 99.9% “up-time” you must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided.  Reasons for down time range from but are not limited to:

We do not promised to provide you with uninterrupted service.

Your Personal Information

When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology (SSL), the industry standard for encrypting sensitive information. Secure pages have the URL as https:// vice http://. We take your privacy seriously, and as such, will not sell or share your personal information with a third party.

Verification

There are instances in which we may require verification for your order. You can send it to our email address at billing@TortoiseHareMedia.com.  After proper verification all verification information will deleted and or destroyed. Your privacy is our priority.

Our Money Back Guarantee

We offer a money-back guarantee on all shared hosting plans if you cancel during the first 45 days (excluding any setup fees). Please note, domain names, domain transfers, domain ID protection, domain name registration, SSL certificates and dedicated IP address purchases are NOT ELIGABLE for the money-back guarantee. The cost of the aformentioned will be deducted from your refund. Also, fees paid for account upgrades are not refundable.

No refunds will be issued to accounts cancelled after 45 days of the original registration date. Again, upgrades to hosting services are not refundable. (Upgrades are any additions added to your account beyond what was in the initial plan).

To cancel your account submit your information through our cancellation form, located at http://cancel.TortoiseHareMedia.com. Upon completion of this cancellation process, your account will be terminated on the date the form is received by us.

Refunds on Custom Web Design

Once work on your custom website has been started your refund will be given minus the rate of $35.00 per hour. Please be sure a Custom design is what you want prior to paying.

Note: As an alternative we offer customizable templates.

Web Design Templates

For a fee, we are able to modify (customize) the templates we offer (images, color, font, logo, etc). The web design template offer does not imply in anyway that you own the template(s). Although there is no charge to use the template; YOU DO NOT OWN THE TEMPLATE(s). You may not sell or giveaway the template to any 3rd party. You may not claim that you designed the template. You may not include or bundle these templates within your products and sell them. You may not in any way distribute the template after modification. If you would like exclusive rights to any of the web design templates please contact us.

Your Account Renewal

When you sign up, your account will be enabled with auto renewal, which means that when your renewal date arrives, your hosting plan and or domain will be renewed using the payment information you provided. If your payment method is no longer valid you will be notified via email. If you have any questions as to when your renewal date is, simply login to your account and go to “billing” or contact us.

If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form if you do not want to renew. The renewal fee after the money back grace period has elapsed will become non-refundable as soon as it is charged.

If more than 14 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data and website will not be available. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again. If, however, 30 days pass from the date on which your account was renewed and you have not made payment in full, we will remove all data you have uploaded to our servers. You hereby acknowledge that this is TortoiseHareMedia's policy for data retention, and waive all rights in and to your data in these situations.

Unlimited PoP3 email accounts

Unlimited Email account is only the account and not its contents. Emails take up disk space so be aware how large your email boxes are so you do not exceed your allowed disk space.

Shared Hosting

Since TortoiseHareMedia.com sells "shared hosting" plans we have to ensure that all of our customers are utilizing disk space and bandwidth inline with normal personal or small business website's. Use of disk space to archive files and folders not linked to your website may impact the performance of other website's utilizing the same shared resources. We reserve the right to temporarily suspend accounts that abuse disk space and bandwidth resources.

If you find that your website demands more disk space or bandwidth contact us immediately to discuss an upgrade.

Domain name transfers

The registry stipulates that domain name transfers are the same as new one year registrations. Transfers add to the time remaining on the registration at the other registrar, the registration period does not start over upon transfer. The registry will not add a year if the domain is transfered within the first 45 days of the first extended/renewed year.

Backups

We will make every attempt to retain nightly backups of your data free of charge. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis. This can be done several ways but the easiest may be to purchase a backup storage device and backup your own data. TortoiseHareMedia INC is not liable in anyway for failed backup jobs.

Acceptable Use/Illegal Activity

We will not provide services to those that are using our services for:


Disproportionate loads placed on the server

While our shared services are suitable for the bulk of our customers, there comes a time for some website's when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the resources of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.

DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:

Our agent for notice of claims of copyright infringement can be reached as follows:
By mail:

Management
c/o TortoiseHareMedia, Inc.
2930 Szetela ct
Hampton, VA 23666

By phone: 757-243-1047


Limitation of Liability

TortoiseHare Media, Inc. cannot be held liable for it. IN NO EVENT SHALL TortoiseHare Media, Inc. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF TortoiseHare Media, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services we have provided.

ACCEPTABLE USE POLICY & TERMS OF SERVICE

The following is the entire Acceptable User Policy ("AUP") agreement between TortoiseHareMedia.com ("TortoiseHareMedia.com") and the personal or corporate account holder ("YOU/YOUR/Customer"). TortoiseHareMedia.com provides World Wide Web Hosting, Marketing, and Development. TortoiseHareMedia.com has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. TortoiseHareMedia.com general policy is to act as a provider of Internet presence. TortoiseHareMedia.com reserves the rights to suspend or cancel a customer's access to any or all services provided by TortoiseHareMedia.com when we decide that the account has been inappropriately used.

SERVER ABUSE

Any attempt to undermine or cause harm to a server or customer of TortoiseHareMedia.com is strictly prohibited. TortoiseHareMedia.com will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to TortoiseHareMedia.com, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

IMPORTANT NOTE - TortoiseHareMedia.com has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by TortoiseHareMedia.com to be unacceptable use of our services including abuse of server resources. WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

STORAGE SPACE ABUSE

TortoiseHareMedia.com will not tolerate any form of storage space abuse. At least 90% of YOUR web pages ("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored on TortoiseHareMedia.com servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of TortoiseHareMedia.com Management ("MANAGEMENT"), with or without prior notice. If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan ("PLAN"). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or TortoiseHareMedia.com has the sole decision to deactivate any and all servers. TortoiseHareMedia.com will be the sole arbiter as to what constitutes a violation of this provision.

BANDWIDTH ABUSE

The intention of TortoiseHareMedia.com is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages. If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or TortoiseHareMedia.com has the sole decision to deactivate any and all servers. TortoiseHareMedia.com will be the sole arbiter as to what constitutes a violation of this provision.

UNSOLICITED EMAIL & SPAMMING

Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancelation. TortoiseHareMedia.com takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE - If YOU use the services of another provider to promote a website hosted by or through TortoiseHareMedia.com ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

99.99% UPTIME GUARANTEE

(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with TortoiseHareMedia.com at the time of a service outage. (2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - TortoiseHareMedia.com endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from TortoiseHareMedia.com to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via TortoiseHareMedia.com's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the TortoiseHareMedia.com NOC.

TortoiseHareMedia.com's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the TortoiseHareMedia.com network. (3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, TortoiseHareMedia.com will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month. Monthly Uptime Credit:

MANAGED DEDICATED SERVERS - For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer's services during the month and the calculated actual level of availability of the Customer's services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month. In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an e-mail message to billingsupport@TortoiseHareMedia.com. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by TortoiseHareMedia.com. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage. (4.) RESTRICTIONS - Credit shall not be provided to YOU in the event that you have any outage resulting from:

TECHNICAL SUPPORT BOUNDARIES

TortoiseHareMedia.com provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is TortoiseHareMedia.com neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.

CGI SCRIPTS

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)

CHAT ROOMS

We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with TortoiseHareMedia.com. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides 'real-time' chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.

FILE SERVER

TortoiseHareMedia.com installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web-servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP. In addition, all electronic files stored within TortoiseHareMedia.com's file-servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications. File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the TortoiseHareMedia.com's servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice. This service is only available for TortoiseHareMedia.com's SHARED-HOSTING customers.

SMTP MAIL SERVER ABUSE

We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum filesize of 20MB per email message. If YOU violate TortoiseHareMedia.com policies persistently in email activities, YOUR account will be suspended and deleted.

BACKGROUND RUNNING PROGRAMS

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers).

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.

PAYMENT POLICIES

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. TortoiseHareMedia.com reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies TortoiseHareMedia.com to request for termination of services. All payment is in U.S. currency. TortoiseHareMedia.com will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All TortoiseHareMedia.com accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at billingsupport@TortoiseHareMedia.com should you wish to change your anniversary billing cycle.

CANCELATION OF SERVICE

TortoiseHareMedia.com reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by TortoiseHareMedia.com if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.). All of TortoiseHareMedia.com's PLANS are backed by a 45-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. If YOU cancel, the full contract amount less any setup fees and overages will be refunded if TortoiseHareMedia.com is notified within the first 45 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers. All account cancelations must be done via our cancelation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancelation.

PROMOTIONAL RATES & SPECIAL OFFERS

TortoiseHareMedia.com may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through TortoiseHareMedia.com's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use TortoiseHareMedia.com or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the TortoiseHareMedia.com network. If YOU use a domain name in connection with TortoiseHareMedia.com or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

NETWORK SECURITY

Customers may not use the TortoiseHareMedia.com network with an 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 a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. TortoiseHareMedia.com will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

ELECTRONIC COMMERCE

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation: (a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

STATIC & DYNAMIC CONTENT CACHING

YOU expressly (i) grant to TortoiseHareMedia.com a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by TortoiseHareMedia.com under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights.

IP ADDRESS OWNERSHIP

TortoiseHareMedia.com shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by TortoiseHareMedia.com. TortoiseHareMedia.com reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

DOMAIN NAME REGISTRATION

YOU agree to pay TortoiseHareMedia.com prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the TortoiseHareMedia.com price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. TortoiseHareMedia.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from TortoiseHareMedia.com to the email address indicated in YOUR registration application.

In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by TortoiseHareMedia.com) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to TortoiseHareMedia.com as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase.

TortoiseHareMedia.com will reinstate YOUR domain name registration solely at TortoiseHareMedia.com discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee. Transfer domain registrar to TortoiseHareMedia.com YOU agrees to pay TortoiseHareMedia.com prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the TortoiseHareMedia.com price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

LAWFUL PURPOSE

TortoiseHareMedia.com reserves the right to refuse service to anyone. YOU may only use TortoiseHareMedia.com server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of TortoiseHareMedia.com management.

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that TortoiseHareMedia.com may disclose any and all YOUR 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. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fremont, California, and any dispute will be litigated or arbitrated in Fremont, California. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL TortoiseHareMedia.com'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

INDEMNIFICATION

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD TortoiseHareMedia.com HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST TortoiseHareMedia.com, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TortoiseHareMedia.com AGAINST LIABILITIES ARISING OUT OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH TortoiseHareMedia.com'S SERVER. (2) ANY MATERIAL SUPPLIED BY THE 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 TortoiseHareMedia.com'S SERVER.

DISCLAIMER

TortoiseHareMedia.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. TortoiseHareMedia.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. TortoiseHareMedia.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY TortoiseHareMedia.com AND ITS EMPLOYEES. TortoiseHareMedia.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF TortoiseHareMedia.com MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.

PRIVACY STATEMENT

TortoiseHareMedia.com follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

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