TOS is here. This agreement covers the services of TWIN RIVERS COMMUNICATIONS, (TRC, Twinrivers.net) as separate businesses and its employees, associations, affiliates. By signing up for any and/or all services you agree to the following terms for all services: (Please read all services as well as out terms and agreements for designing Facebook APPS)
Terms of Service
By hiring TRC for any and all services you fully agree to the terms and conditions below, any policy or guidelines or amendments thereto that may be presented to you from time to time by TRC.
DESIGN, GRAPHICS, CONTENT
It is the sole responsibility of the client to supply TRC any and all needed information within reasonable time, content, text, assets, needed for any and all design work in a timely manner to accomplish any services performed by TRC. Delays in communication, added new services not initially covered and supplying necessary information by client to TRC for development or design of any and all graphics and/or website design, approvals and or changes is the sole responsibility of the client. TRC will not be responsible for any loss of time, monetary damages, loss of income or any other loss by delays in website design, graphics, operations caused by delays in website design, Issues with pre-existing servers and email, development, setup, and/or completion time caused by the client and/or TRC whatsoever beyond refunding the amount payed to TRC. TRC can adjust cost based on delays caused by the client and any expenses incurred and will adjust such refunds and deduct from refund at its sole discretion. If work has commenced on the website, no “DEPOSIT” refunds will be granted. Any additional refunds minus additional costs will be based on the sole discretion of TRC. Any chargebacks against TRC for funds received will be disputed and the client agrees to pay any and all attorney fees, costs associated to the dispute including fees, time spent, expenditures. If monthly payments are cancelled and/or charged back to TRC, client loses website design and services. Website design, usage and theme remains under full control and ownership of TRC if client cancels monthly fees.
("TRC”) offer services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of TRC services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify TRC of any unauthorized use of your password or account or any other breach of security. TRC cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
Customer support is provided by telephone and email, Monday through Friday, between 9AM and 4PM EST. Technical support requests relating to errors in, or the improper functioning of, the services is provided by TWIN RIVERS COMMUNICATIONS. All other requests for support, training, customization and/or other services will be billed in conjunction with providing the services, based on TRCs’ then current pricing at the time of such request. All support for TRC must be presented to TRC.
You understand that all information, data, text, email, listings, Software, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. TRC reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via TRC services. You understand that by using TRC services you may be exposed to Content that is offensive, indecent or objectionable, and that you use TRC services at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using TRC services and for any consequences thereof. You agree to use TRC services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts TRC services or servers or networks connected to TRC services.
In addition to this agreement, your use of some specific TRC services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
GRANT OF LICENSE
This License Agreement (License) permits you to use a single login, on a single domain name (URL). The Software is licensed as a single product, to an individual user, or group of users for Multiple User Licenses and Site Licenses. This Agreement requires that each user of the Software be Licensed, either individually, or as part of a group. A Multi-User License provides for a specified number of users to use this Software at any time. This does not provide for concurrent use across multiple domain names (URL’s) unless specifically agreed upon and ordered as such at an additional cost above the normal licensing fee. Each user of this Software must be covered either individually, or as part of a group Multi-User License. The Software is in use on a computer when it is accessed via web browser, a user logs in, or the software is hyperlinked from any source. The software may only be contained (whether built in or framed) within one primary domain name (URL), unless specifically agreed upon in the service agreement.
Limitations on License. Except as expressly set forth in this Agreement, no rights are granted to do any of the following, and you shall not, and shall not cause or allow anyone else, to do any of the following: (a) use, display, access, distribute, transfer, alter, or modify the licensed content, or otherwise create any derivative works of the licensed content, (b) download, distribute, export, deliver, or transmit any of the licensed content, including to any computer or other electronic device, (c) sell, grant access to, or sublicense the licensed content, or any portion of the licensed content, to any third party. You agree to take all reasonable steps necessary to protect the licensed content from unauthorized access, distribution, copying or use. Additionally, you agree to never use crawlers, rogue bots, site scrapers or any automated script/software or method that attempts to mine the listing content on your own or any other accounts in the system. No clients are granted Administrator access for safety of all sites on the server. You acknowledge that we may block access to our servers and/or membership and if discovered your account will be immediately terminated without prior notice. If monthly payments are cancelled and/or chargedback to TRC, client loses website design and usage. Website design and usage remains under full control and ownership of TRC until such time as an amount of $1000 has been tendered to TRC to cover cost of theme, plugins, hosting, maintenance and design work. After such time and a one time cost of $500, TRC will relinquish all rights to the website design and usage to the client, if desired, even if client cancels monthly fees.
You hereby agree as follows: (i) you shall not use the Services for “spamming,” as determined by TRC in its reasonable discretion; (ii) you shall keep secure any identification, password and other confidential information relating to your site and shall notify TRC immediately of any known or suspected unauthorized use of your site or breach of security, including loss, theft or unauthorized disclosure of passwords or other security information; (iii) you shall not use the services for any unlawful purpose; (iv) you shall not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of TRC, exposes TRC or any of its customers or suppliers to any liability or detriment of any type; and (vi) you shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the services, and you shall be responsible for all charges related thereto.
SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by TRC will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. TRC Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop TRC services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that TRC has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by TRC services. You acknowledge that TRC may have set no fixed upper limit on the number of transmissions you may send or receive through
MODIFICATIONS TO SERVICE
TRC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, TRC services (or any part thereof) with or without notice. You agree that TRC shall not be liable to you or to any third party for any modification, suspension or discontinuance of TRC services.
Payment on services will be due upon approval of the listing data display from your MLS and activation of your TRC account credentials. Credit cards will be billed on or around the same day of the month in which your account credentials were originally established. (For example, if your account was activated on the 25th of the month, your credit card would be billed on or around the 25th of the next month and the months to follow). Services and charges will continue on a month-to-month basis, unless otherwise stated in this agreement. Once payment has been collected, refunds are not available.
In the event that you may choose to cancel services with TRC, please provide notice prior to your monthly billing date, as detailed above. This payment is for active service for the entire monthly billing cycle, whether the user logs on or not. There will be no pro-rated refunds for accounts terminated before the end of the monthly billing cycle. Service cancellations must be received via email, fax or US postal mail. Cancelled accounts will automatically be terminated at the end of the billing cycle, as long the request is received prior to the monthly billing date, as explained above. Your account will remain active until automatically terminated by the billing program. There will be no cancellation fee for this, nor will there be a refund for any unused service until the end of the billing cycle, as your account will remain active until that time. Non-usage of an account is not proof of cancellation of service. Subscribers are responsible for full payment on all accounts whether or not the account is ever utilized until such time as the account is cancelled by appropriate notice. If monthly payments are cancelled and/or chargedback to TRC, client loses website design and usage. Website design and usage remains under full control and ownership of TRC and will be deleted once service is no longer paid for or has been cancelled.
You may discontinue your use of TRC services at any time. You agree that TRC may at any time and for any reason, including a period of account inactivity, terminate your access to TRC services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to TRC services, your account or any files or other content contained in your account. Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations and choice of law, severability and statute of limitations within these Terms, shall survive expiration or termination.
TRC services may provide, or third parties may provide, links to other World Wide Web sites or resources. TRC may have no control over such sites and resources and you acknowledge and agree that TRC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TRC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
We reserve the right to publish new customer signups and positive feedback at our website and other public forums, such as news websites, blogs and other industry specific websites. If you do not want us to quote your positive experiences or announce your use of our service you must notify us in advance. If notice is received after initial publication date, we will remove any notices generated from these said announcements promptly on TRC. You shall indemnify and hold harmless TRC, its affiliated companies and third party vendors against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to these announcements.
You agree to hold harmless and indemnify TRC, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “TRC and Partners”) from and against any third party claim arising from or in any way related to your use of TRC services, violation of the Terms or any other actions connected with use of TRC services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, TRC will provide you with written notice of such claim, suit or action.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF TRC SERVICES IS AT YOUR SOLE RISK. TRC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRC AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TRC AND PARTNERS DO NOT WARRANT THAT (i) TRC SERVICES WILL MEET YOUR REQUIREMENTS, (ii) TRC SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TRC SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TRC SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TRC SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRC OR THROUGH OR FROM TRC SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRC AND PARTNERS SHALL NOT BE LIABLE TO YOU 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 TRC OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE TRC SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM TRC SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TRC SERVICES; OR (v) ANY OTHER MATTER RELATING TO TRC SERVICES.
EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that TRC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on TRC services.
GENERAL INFORMATION and TRC TERMS
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and TRC and govern your use of TRC services, superseding any prior agreements between you and TRC for the use of TRC services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TRC services, partner services, third-party content or third-party Software.
The section headings in the Terms are for convenience only and have no legal or contractual effect.
Terms Of Service (Web Hosting and WEBSITE DESIGN Agreement Hereafter referred to as HOSTING)
This web hosting agreement is between Twinrivers.net (referred as ” Host”) and the person (referred as “client” or “customer”, whether legal or individual) who electronically submits his/her service order to realestateassistance.info using the “Order” form. It is assumed that the customer has read thoroughly, each clause, segment and part of this agreement before signing up for Hosting.
SEE: Indemnification and Customer (Client) Responsibility
Subject to the clauses and terms put forward in this agreement, and contingent on the satisfaction of the customer’s credit approval system of Twinrivers.net, Twinrivers.net agrees to provide the Website hosting services as described on the order page.
TRANSFER of FILES and EMAIL ACCOUNTS
TRC is building a website for the CLIENT. It is the client’s sole responsibility to download all information, email accounts and any other important information from the previous server. TRC is not contracted to do this as part of any design or build unless explicitly defined and quoted by TRC in writing. TRC is not responsible in any way for lost files or emails.
The initial service term of the agreement generally begins on the date the customer is sent an e-mail from Twinrivers.net announcing the activation of the customer’s account and shall continue until the number of months paid for (as per current tariffs). Upon expiration of the initial term, this agreement shall automatically renew to a period same as the original term unless stated otherwise by the customer or Twinrivers.net. For any kind of changes in renewal term, the customer must issue a written notice 30 days prior to date of expiry.
Fees: Fees are payable in advance. All dues MUST be cleared before the commencement of each billing cycle. The billing cycle offerings currently stand at monthly and annually or otherwise if stated in the order form. If the payment is made through a debit/credit card, the customer authorizes Twinrivers.net to bill subsequent bills to the same card through PayPal. Invoices would be mailed electronically to the customer after the bill has been charged to the card on file.
All payments must be made in USD (United States Dollars). The customer is liable to keep all billing information on file with Twinrivers.net up to date. It is the customer’s responsibility to update his/her billing information (credit/debit card changes, changes in billing address etc.). Twinrivers.net may suspend Website hosting services to the client if any service fees are overdue. Fees not disputed with 30 days of due date are conclusively deemed accurate and may not be disputed any later than 30 days.
Early Termination: The customer acknowledges that the amount of the fee for the Website Hosting service is based on the customer’s agreement to pay the fee for the entire initial term.
Compliance with ALL laws
The customer agrees to use the Hosting service in a manner consistent with all applicable laws and regulations of the United States of America, the Common Wealth of Florida and elsewhere. Reproduction or transmission of any kind of material in violation of any local, state, national or international law or regulation is strictly prohibited. The customer agrees that any material reproduced or transmitted on Twinrivers.net’s hosting services through the customer’s hosting account does NOT violate any copyright, trademark, patent, statutory, common law, proprietary rights etc.
Upon signing up for a Hosting service with Twinrivers.net, the customer warrants that any information provided to Twinrivers.net by him, her or it is entirely precise and accurate. The customer must be over 18 years of age to avail of the hosting services provided by Twinrivers.net. Twinrivers.net shall rely on all customer information provided as primary contact info to contact and inform the customer of any matter that may concern him/her or the Website hosting service provided by Twinrivers.net. In case the primary contact information has to be changed, the customer must issue a written notice to Twinrivers.net with updated contact details and then allow Twin Rivers Communications at least 72 hours to put the changes into effect.
Indemnification and Customer (Client) Responsibility
The customer agrees to indemnify and hold harmless Twinrivers.net, its management, its employees and all of its agents from and against all kinds of claims, liabilities, demands, losses, obligations, fines, damages, penalties and any kind of losses incurred by the customer because of any hosting service provided by Twinrivers.net on any of its servers, third party servers under any name. Any kind of blame, penalties, losses, attorney fees imposed upon Twinrivers.net by a 3rd party resulting from violation of any legal law by a customer would be taken up by the customer. The customer will be held liable for any kind of TOS violated under the customer’s account by any person, irrespective of whether the person was authorized to use the account or not. TWIN RIVERS COMMUNICATIONS, its employees, or associates are not responsible for server outages, data loss, website backups, or any other issues that occur due to hosting outages, crashed, or services provided. It is the sole responsibility of the individual client to make necessary backups and precautions for data loss. TRC is not responsible for or obligated to rebuild website in such an instance.
Disclaimer of warranties
Twinrivers.net does NOT warrant or represent that the Twinrivers.net hosting services provided will be uninterrupted, error-free or entirely secure. To the extent allowed by law, Twinrivers.net disclaims ALL warranties including the implied warranties of Merchantability, Fitness for a particular purpose, Non-infringement. To the extent permitted by law, all Website hosting services are provided on an “AS IS” basis. Any and all backups are the dole responsibility of the client.
Limitation of Damages
Twinrivers.net shall not be held liable for any losses, loss of potential profits caused to the customer or any other party in connection with the customer arising from the hosting services provided by Twinrivers.net or any of its contracted third party hosting services. Twinrivers.net, it’s owners, managers employees CANNOT be held responsible for any similar damage caused to the customer on related party which could have been avoided by the use of reasonable diligence arising in connection with the agreement even if Twinrivers.net has been advised or should be aware of possibility of such losses and damages.
Without withstanding anything else in the TOS to the contrary, the maximum total liability Twinrivers.net and any of its employees, staff, and managers shall be monetary payment not exceeding the amount payable by the customer for 3 months of service. Any payments made will be 30 days from the date TRC agrees to any such refund.
Third Party Website / Facebook/ Twitter/ Etc.
TRC assumes no responsibility for any action taken by any third party business, entity or website for cancellation of service, outages, loss of data, or any other. The agent/broker assumes all responsibility for placing TRC or related on or within any application including Facebook, Twitter, etc. It is the responsibility of the MLS member (agent/broker) not TRC to comply with restrictions or statutes, guidelines that prevent such placement of TRC within applications, frames or other. In the event of a shutdown, cancellation or other, TRC assumes no responsibility or financial obligation to the MLS, the MLS client, agent or broker.. TRC
The customer agrees that Twinrivers.net is permitted to suspend any of the services including Twinrivers.net hosting provided to the customer byTwinrivers.net without notice or liability at any point of time as deemed suitable to Twinrivers.net, reasons including (but not limited to):
* Twinrivers.net that the hosting services or any other service being used by the customer violates a clause of the TOS
* The customer does not co-operate with any reasonable investigation of a suspected violation of the TOS of Twinrivers.net
* The customer threatens, disrupts, insults or harms any employee/staff member/customer of Twinrivers.net intentionally or unintentionally.
* Twinrivers.net reasonably believes that suspension of service (including Website IP hosting) is necessary to protect the interest of other customers or Twinrivers.net’s network.
* Twinrivers.net can suspend the account if requested by a legal authority or law enforcement agency.
. Continued situations will result in suspension or termination.
The customer may be charged a reinstatement fee for re-instituting services suspended by Twinrivers.net.
The agreement may be terminated by Twinrivers.net prior to the date of expiration of account without prior notice or any kind of liability. Some possible reasons for untimely termination of services include (but are NOT limited to):
* Upon 7 days of written notice sent to the customer regarding a payment outstanding, invoice unpaid or any other dues not cleared. Failure to clear all dues within 7 days of notice may lead to termination of services permanently.
* Customer intentionally/unintentionally materially violates any of the clauses listed in the TOS or the AUP and fails to cure the damage/loss within 7 days of infringement.
* As deemed necessary by Twinrivers.net or any of its employees/managers/staffers.
* Overabundance of changes, non-adequate details in information provided for website design, late or failing to provide information needed to design a website.
The customer can terminate the agreement ONLY by submitting a written notice to Twinrivers.net 10 days prior to the next billing date. A service can be terminated by a customer ONLY after ALL outstanding invoices in the customer’s account have been paid and all dues cleared. If monthly payments are cancelled to TRC, client loses website design and usage. Website design and usage remains under full control and ownership of TRC. After such time, TRC will relinquish all rights to the website design and usage to the client, even if client cancels monthly fees.
Requests for customer information
The customer agrees that Twinrivers.net can and may, without any prior notice to the customer:
* Report to appropriate authorities on any conduct/action of the customer thatTwinrivers.net believes violates the law, Twinrivers.net’s TOS or causes harm to any individual/company.
* Provide information about the customer or other end users to a law enforcement or regulatory agency upon demand or request, formal or informal.
The customer agrees to maintain up-to-date backups of all his/her data hosted with Twinrivers.net not withstanding any agreements or promises made by Twinrivers.net to maintain back up services. In the dreaded event of data loss, Twinrivers.net cannot be blamed/held liable for the loss of data irrespective of the value of information lost.
Changes to Twinrivers.net’s network
Upgrades/Downgrades or similar changes to Twinrivers.net’s network including, but not limited to software, hardware, staff, service providers, suppliers etc. may affect or interrupt services. Twinrivers.net reserves the right to make changes to its network whenever it deems necessary without having to notify the customers who possibly might be affected by the amendment/change. Twinrivers.net cannot be held liable for any harm caused to the customer resulting from downtime/interruption of service due to changes being made to Twinrivers.net network, contracted hosting services or third party hosts.
Notices to Twinrivers.net are to be sent via e-mail to the addresses listed on the website. Notices to customers too shall be given via electronic mail to the address on file with Twinrivers.net as in accordance with the Primary Contact Information. All notices transmitted are assumed to have been received on the same day.
Twinrivers.net shall not be in default of any kind of obligation under the agreement if the failure to perform the obligation is due to an event or incident beyond the control of Twinrivers.net. This includes, but is not limited to: all natural disasters and calamities, power failures, service downtime etc.
Unacceptable usage of resources
The following types of behavior and conduct on the customer’s behalf maybe the grounds for suspension of service pending investigation byTwinrivers.net or a law enforcement agency. It may result in termination (without a refund) of account(s) such an investigation determines have been responsible for violating a clause or multiple clauses of the TOS or not be in accordance to the current applicable law.
In the event of termination for any of the following, Twinrivers.net will not offer any refund of service, website design or any relayed services.
* Posting a single article, or substantially similar article/data to an excessive number of news groups or forums or continual posting of off-topic discussions. Following a complaint by a newsgroup/forum/website due to inappropriate behavior by a customer and unethical methods of marketing and promotion of a website residing within the network of Twinrivers.net, service to the customer may be temporarily suspended or permanently terminated.
* Sending unsolicited emails from Twinrivers.net’s network with or without intention of marketing/promotion. This is treated as spam and would result in IMMEDIATE suspension/termination of service to the customer. It is the customer’s responsibility to maintain their website free from mail scripts, spam, scripts and virus plugins, etc.
* Engaging in either inappropriate postings, copyright infringement, spam using services from a provider other than Twinrivers.net for the promotion or marketing of a website that lies within the Twinrivers.net network is also considered unethical and hence treated as a violation of a TOS. This would result in suspension/termination of services to the customer.
* Continual harassment of individuals over the internet even upon being asked to stop by the victims and/or Twinrivers.net.
* Engaging in mail bombing (sending large volumes of emails to a particular individual’s e-mail address)
* Attempts to hack and gain access to another user’s personal information without the consent of the user.
* Network Unfriendly Activity: Attempts to interfere with regular operations of Twinrivers.net’s systems that hampers the smooth running of Twinrivers.net or its network connections or any action that adversely affects the ability of users to use Twinrivers.net’s services over the internet including but not limited to:
* Any unauthorized attempts to gain root access to any of Twinrivers.net’s servers or other client’s accounts.
* Use of Host’s services, servers and systems to disrupt services of another provider.
* Usage of server resources, network and bandwidth resources in a manner than hampers the performance of other accounts on the same server, other servers using the same network or any other system used by Twinrivers.net to provide its services.
FACEBOOK APPS/DESIGN/TRC SERVICE/ETC.
TRC is not a part of Facebook in anyway and does not claim to be so. TRC is an independent application/WordPress designer and web programmer.
Facebook makes changes from time-to-time that may directly affect your webapps functionality in part or in whole. This can be minor or require all out changes. TRC cannot and is not responsible for data, content, application design, redesign or any other; financially or by refund or reimbursement to any client who engages TRC for this service. All WordPress webapps are hosted on TRC server to comply with the current regulations of Facebook. TRC will setup the main APPS in the clients Facebook developer platform if able to. Client will be registered as their own developer and the APP will be in their personal Developer library. All other agreements and terms are written out in this entire terms and agreement.
THIS AGREEMENT WITH OR WITHOUT THE ORDER FORM CONSTITUTES THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN TWIN RIVERS COMMUNICATIONS AND THE CUSTOMER. IT IS ASSUMED THAT THE CUSTOMER HAS READ THE AGREEMENT THOROUGHLY AND AGREED TO EACH CLAUSE OF IT BEFORE SIGNING UP FOR WEBSITE HOSTING SERVICES PROVIDED BY Twinrivers.net
Agreement is performed in Brevard County, Florida. Any disputes brought forth against these terms, agreement or services must be filed in Brevard County, Florida.