TCM Hosting Network | Helping Your Business Reach New Heights


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Sign Up Form: Part 1 Fields marked with an asterisk * are required.
General Account Information
* Hosting Package:
* Desired Username:
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* Password:		* Confirm Password:
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Contact Information
* First Name:
* Last Name:
* Street Address:
Street Address 2:
* City:		* State/Province:
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* E-mail Address:
* Phone Number:
Other Information NOTE: We do not guarantee your domain will be available. Please enter your first 3 choices for a domain name followed by the extension (.com, .net, ect...). It is always a good idea to make sure your domain name is available or already purchased before signing up for hosting. NEW! Domain Name Lookup: See if the domains you want are available here!
* Domain Name (1st Choice):
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Terms of Service
Please review the following terms and indicate your agreement below. Printer Friendly Version <pre>1. Ordering Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies are designed to protect the best interests of our customers as a whole. TCM Hosting Network's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used. All services are intended for the end user only and may not be subleased, sold or given to third parties. TCM Hosting Network (tcmhosting.net) is a web presence provider allowing a client's web site to be accessed via the client's domain name (i.e. theirname.com) by anyone with access to a web browser connected to the Internet. TCM Hosting Network provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as "Web Hosting." 2. Authorization of Charges Client authorizes TCM Hosting Network to charge their PayPal account supplied by Client per month. If Client requests additional storage space Client authorizes TCM Hosting Network to charge an additional price listed by TCM Hosting Network. It is the Clients' responsibility to keep all information up to date and all bills paid on time. If verification of Client's supplied PayPal information fails requested charge by TCM Hosting Network for initial annual fees or for any of the annual fees thereafter TCM Hosting Network reserves the right to refuse, suspend, or cancel service pending TCM Hosting Network's receipt of valid PayPal information from Client. Client agrees to notify TCM Hosting Network of any changes to Client's information. 3. Content Restrictions All services provided by TCM Hosting Network may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret. Pornography, nudity, and sex-related merchandising are prohibited on non-adult servers. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited. Sites that promote any illegal activity, such as Warez sites, are prohibited on non-adult servers. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any TCM Hosting Network Host's servers. Examples of unacceptable content include, but are not limited to the following: Pirated software, Hacker programs or archives, illegal MP3 files or archives. TCM Hosting Network reserves the right to remove any material from Client's web space that is deemed unacceptable by us. No site may use more than 15% of the total server output at any given time. TCM Hosting Network reserves the right to terminate Client's account without refund at our discretion if said material is discovered. TCM Hosting Network is the sole arbiter as to what constitutes a violation of the above provisions. 4. CGI Application Restrictions The Client is allowed to freely install CGI applications; however, TCM Hosting Network reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely. Client will not install Client's own chatroom of any kind, with out permission, because they tend to be large "system hogs" and therefore fall into the category described above. 5. Spam Policy TCM Hosting Network servers may not be the source, intermediary, or destination address involved in the transmission of Spam, Spamware and other Spam Software, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above. TCM Hosting Network considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail. The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. 6. Server Abuse Any attempt to undermine or cause harm to a TCM Hosting Network server or another TCM Hosting Network Client is strictly prohibited. Any attempt to undermine any TCM Hosting Network web site or a web site of another TCM Hosting Network Client is strictly prohibited and may result in immediate termination of services rendered by TCM Hosting Network without refund. 7. Indemnification Client agrees that it will defend, indemnify, and hold harmless TCM Hosting Network from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against TCM Hosting Network, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors. The Client agrees that it will defend, indemnify, and hold harmless TCM Hosting Network against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with TCM Hosting Network's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from TCM Hosting Network's servers. TCM Hosting Network assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights. 8. Disclaimer TCM Hosting Network will not be held responsible for damages you or your business may suffer. TCM Hosting Network makes no warranties of any kind, expressed or implied, for services rendered. TCM Hosting Network disclaims any warranty or merchantability or fitness for a particular purpose. TCM Hosting Network assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. TCM Hosting Network will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. The parties agree that calculation of damages would be difficult and as liquidated damages TCM Hosting Network's maximum liability will be one month's hosting fee. 8a. If Client is unable to use TCM Hosting Network's services because of Client's negligence or lack of knowledge, TCM Hosting Network is not responsible; therefore, a partial or whole refund does not apply. Furthermore, if Client is unable or does not understand how to use e-mail, Client should contact TCM Hosting Network, but TCM Hosting Network is not liable for Client's inability to use such a service -- it is not a true downtime unless the service is non-operative. 8b. Uptime Guarantee: TCM Hosting Network strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by TCM Hosting Network's monitoring systems or TCM Hosting Network's authorized/contracted outside monitoring services. If TCM Hosting Network fails to meet the 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client upon request. TCM Hosting Network will credit a day of free hosting for every day of downtime. In special cases TCM Hosting Network will credit a month or more of free hosting. Exceptions: Client shall not receive any credits under this TOS in connection with any failure or deficiency of the TCM Hosting Network caused by or associated with: Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement Scheduled maintenance for hardware/software upgrades DNS issues not within the direct control of TCM Hosting Network Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of TCM Hosting Network's service(s) in breach of TCM Hosting Network's terms of service (TOS), by Client or others authorized by Client. 8c. File backups: Full backups are made daily. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content. Client has the option to perform manual backups or backups using cpanel (recommended). If loss of data occurs due to an error caused by TCM Hosting Network, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, we will attempt to recover the data, but make no guarantees. 9. Cancellation The term of this Agreement will continue until a notice of cancellation by TCM Hosting Network or Client is given, or until terminated under other provisions of this Agreement. TCM Hosting Network reserves the right to terminate this Agreement with cause upon notification to the Client. TCM Hosting Network may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by TCM Hosting Network to implement this Agreement is disrupted or terminated for any reason. 9a. These policies can be modified or changed at any time by TCM Hosting Network with or with out prior notice to client. In most cases TCM Hosting Network will inform client of any major policy changes. 9b. CLIENT may request TCM Hosting Network to refund money within 30 days after sign up has taken place. CLIENT will be refunded the full amount they have paid, minus the $7.99 for their domain name registration (if you chose to get a domain through us). If 30 days have past CLIENT may cancel contract, however, CLIENT forfeits monies paid to TCM Hosting Network. CLIENT may cancel account with TCM Hosting Network and be removed from billing, thereby stopping all future charges. 10. Presumption of Agreement By signing up with TCM Hosting Network, be it using PayPal's sign up form or contacting in any way an employee, officer, agent, and director with request for TCM Hosting Network to provide Client services, Client (1) authorizes TCM Hosting Network to take the actions necessary in order to setup Client's account, including charging PayPal account supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law. 11. Bandwidth Agreement If at any moment in the month a Client of the TCM Hosting Network surpasses their bandwidth limit, they will be charged an additional cost per gigabyte ($2.00 US). If this Client chooses not to pay the penalty cost, their account will be suspended until payment is made. The user may be given the option to upgrade their account incase of future mishaps. 12. Referral Program If a Client refers a new customer to TCM Hosting Network and this said customer signs up for at least a year, the Client receives 2 months payment for the customer they referred. 13. Reseller Hosting Only clients using one of TCM Hosting Network's designated reseller plans may reseller their hosting. The following TOS is intended for those using TCM Hosting Network's reseller plans in addition with the rest of the terms: You, the reseller, provide billing to your customers. We bill you for your package and usage fees. It is your responsiblity to handle any financial payments between you and your customers. * Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the reseller regardless of intentions and will be acted upon accordingly. * You agree that neither you nor your customers can hold us responsible for services that you offer. Your are responsible to make sure that your customers do not violate our TOS. We reserve the right to cancel your account at anytime, which will also cancel your customers accounts. If one of your customers goes over the allowed bandwidth we will charge reseller a fee of ($2.00 per gb). We will not suspend your account if the payment is paid in the same week of the over usage. However, if no payment is made after a period of a week, we reserve the right to suspend or terminate your account(s). 14. Privacy Agreement The information you provide to TCM Hosting Network is confidential and protected to the fullest extent possible. TCM Hosting Network will not disclose or distribute customer information to third parties without prior written consent by the client. 15. Suspension/De-Activation If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. TCM Hosting Network reserves the right to remove any account without prior notice. If TCM Hosting Network deactivates your account(s) for violating TOS, you will forfeit your rights to a refund and none will be given. Additionally, there will be NO refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation. 16. WHOIS Information All information for new domain names which are registered through TCM Hosting Network will be visible for all WHOIS programs. By registering your domain with TCM Hosting Network, Client agrees to have the domain registry information available to the public. Furthermore, Client also agrees to but does NOT require the use of TCM Hosting Network's WHOIS information instead of Client's WHOIS information for client's domain name to protect client's identity. 17. Choice of Law This Agreement shall be construed in accordance with the laws of the State of Texas governing contracts executed and performed therein and the laws of the United States of America, and shall be binding upon and inure to the benefit of the Parties' respective heirs, personal representatives, executors, administrators, successors and assigns. The Parties agree that the State of Texas shall be the proper place of jurisdiction for the determination of any disputes arising from this Agreement, and the Parties irrevocably consent to jurisdiction of the local, state and federal courts located in the State of Texas. Should any legal fees, costs, or other expenses be incurred by TCM Hosting Network in attempting to enforce this choice of venue, TCM Hosting Network shall be entitled to recover such legal fees, costs, or other expenses without regard to whether TCM Hosting Network prevails in the underlying case.</pre>
* By permitting and/or authorizing the use of my credit card, I irrevocably agree to all of the Terms of Service , whether or not I personally or the individual authorized to use my credit card accepts the terms of the agreement.