TERMS OF SERVICE AND PRIVACY STATEMENT
This Web Site Hosting Agreement ('Agreement') is by and between TotalRoute, and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of TotalRoute Web Site Hosting ('Web Hosting') services and represents the entire agreement between You and TotalRoute. By using TotalRoute's Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which TotalRoute may establish from time to time. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with TotalRoute, whether or not the transactions were in your behalf.
As consideration for the services purchased by You and provided to You by TotalRoute, You agree to pay TotalRoute monthly or yearly fees. Payment is to be made by You providing a valid credit card for charge by TotalRoute, and is NON-refundable after 30 days money-back guarantee period. All setup and domain name registration fees are NON-refundable. If for any reason TotalRoute is unable to charge your credit card with the full amount of the service provided, or if TotalRoute is charged back for any fee it previously charged to the credit card You provided, You agree that TotalRoute may pursue all available remedies in order to obtain payment
2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as long as TotalRoute is providing Web Hosting services to You.
You agree that TotalRoute may modify this Agreement from time to time. TotalRoute may also discontinue services it provides under this Agreement. You agree to be bound by any changes TotalRoute may reasonably make to this Agreement when such changes become effective.
3. DESCRIPTION OF SERVICE
TotalRoute currently provides Web Hosting services to its customers for a monthly or yearly fee. TotalRoute will host Your web site on TotalRoute's Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of TotalRoute's policies and procedures.
4. YOUR OBLIGATIONS
You agree that You have provided accurate, current and complete information in the application process and that You will notify TotalRoute within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by TotalRoute to determine the validity of information provided by You, will constitute a material breach of this Agreement.
5. TotalRoute'S RIGHTS
TotalRoute explicitly reserves the right and sole discretion to:
Users may not:
2. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law
Utilize the Services to cause denial of service attacks against TotalRoute or other network hosts or Internet users or to otherwise degrade or impair the operation of TotalRoute's servers and facilities or the servers and facilities of other network hosts or Internet users;
Post messages or software programs that consume excessive CPU time or storage space;
Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User’s own account;
Utilize the Services to resell access to CGI scripts installed on TotalRoute’s servers;
Utilize the Services to subvert, or assist others in subverting, the security or integrity of any TotalRoute systems, facilities or equipment;
Utilize the Services to gain unauthorized access to the computer networks of TotalRoute or any other person;
Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
Utilize the Services in any manner that might subject TotalRoute to unfavorable regulatory action, subject TotalRoute to any liability for any reason, or adversely affect TotalRoute’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by TotalRoute in its sole discretion; or
Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
You agree to indemnify and hold harmless TotalRoute for any complications arising out of Your use of TotalRoute's Web Hosting services, including actions TotalRoute chooses to take to remedy Your improper or illegal use of a web site hosted by TotalRoute. You agree You will NOT be entitled to a refund of any fees paid to TotalRoute if, for any reason, TotalRoute takes corrective action with respect to Your improper or illegal use of its Web Hosting services
6. LIMITATION OF LIABILITY
You agree that TotalRoute's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by TotalRoute to You under this Agreement, and for any breach of this Agreement by TotalRoute, shall be limited to the fees You paid to TotalRoute for Web Hosting services
You agree to release, defend, indemnify and hold harmless TotalRoute and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with TotalRoute and/or Your use of the Web Hosting services provided by TotalRoute.
8. DISCLAIMER OF WARRANTIES.
TotalRoute EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect
You agree that all notices (except for notices concerning breach of this Agreement) from TotalRoute to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with TotalRoute. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to TotalRoute shall be made either by email, sent to the address we provide on our web site, or first class mail to our address
11. PRIVACY STATEMENT
Privacy is a very serious matter for TotalRoute. It is true that in order to process your request, we must know basic contact information such as your full name, address, e-mail address, and method of payment. All required information is kept internally and is never shared with third parties. We will never give, lease, sell or otherwise disclose your personal information. The emails you supply will never be given to a third party and you will not receive unsolicited emails as a result of selling the email lists.