TecBrat.com LLC Terms of Service
Refusal of ServiceTecBrat.com LLC. reserves the right to cancel, deny or refuse service for any such reason we see fit. TecBrat.com LLC. shall not be held liable for any damages and / or claim by the client, or any other party in respect of any such cancellation, denial or refusal of service.
Provision of ServiceEach client understands and agrees that, subject to the terms and conditions of the Agreement, TecBrat.com LLC., its subsidiaries, and all other domain names including but not limited to tecbrat.com and padlockssl.com which TecBrat.com LLC. does business as shall provide certain services including but not limited to: web site hosting, applications services; custom programming; and other such services. Each client understands and agrees to be fully responsible for the use of such services by anyone using the account, and that TecBrat.com LLC. reserves the right to terminate the account at any time, for any reason.
All products and / or services offered by TecBrat.com LLC. are provided for lawful use only. The storage, transmission or distribution of content, data or any material that violates any legal statute is strictly forbidden. This includes, but is not limited to, material that is protected by copyright, patent, trade mark or which we judge to be threatening, obscene or defamatory. The client agrees to indemnify and hold harmless TecBrat.com LLC. for any claim that results from the use of our products and / or services which damages the client or any third party whatsoever whether directly or indirectly.
Pornographic and / or obscene content is prohibited and this includes links or direction to other sites and /or material that holds or distributes this kind of content. TecBrat.com LLC. reserves the right to judge any such material as a contravention of this condition.
Also prohibited is any content, data or material which promotes illegal activity of any nature, this includes, but is not limited to terrorism and / or hacking and / or phishing or any other such data which may harm our servers or that of any other web server or be in breach of any law or copyright. Also included, but not limited to, are illegal MP3 files, pirated software, music and / or any other data and / or links to any such content, data, material and / or sites containing such content, data or material.
Also prohibited are any material containing a virus or other hostile computer program, Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above.
Each client shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information. This applies to but is not limited to email accounts.
It is the policy of TecBrat.com LLC. to fully cooperate with any law enforcement agency to provide any data concerning any contravention of any local laws concerning the use, transmission and / or distribution of any such content, data or material. TecBrat.com LLC. also reserves the right to contact any Law Enforcement agency with regard to suspected illegal activity by any subscriber.
Spamming or the distribution of unsolicited material from any server or email set up with TecBrat.com LLC. is strictly forbidden. TecBrat.com LLC. reserves the right to judge any such action as a contravention of this condition and may cancel any account for violations.
Any attempt to cause harm or undermine our server(s) or any of our subscribers is strictly prohibited.
Clients may not resell our services or any part thereof without the express written consent of TecBrat.com LLC.
TecBrat.com LLC reserves the sole discretion to remove from service any product or service which we deem to violate any of these terms.
Subscribers or clients will at all times provide TecBrat.com LLC. with a current and valid name, address, telephone number and email address so that we may contact them.
Billing PoliciesAll monthly services are billed at the beginning of the month. Payment is due upon invoicing and becomes late on the 15th day of the month.
If automatic recurring billing is chosen, the terms of the processor (such as PayPal) will have authority regarding those transactions. Customers with monthly services may from time to time be responsible for charges that are not included in the monthly amount. These charges will be billed at the beginning of the month. For those with recurring billing, this will be separate, for those without recurring billing, the monthly charges and other charges will be combined in the bill for the month.
Charges for making updates / changes to a website / web page will be charged at the beginning of the following month or, when it seems appropriate to TecBrat.com LLC, along with the bill for the month they are done. Each client understands and agrees that all charges are considered valid unless disputed in writing within thirty days of invoice date and that TecBrat.com LLC. shall not be responsible for any charges or expenses incurred resulting from overdrawing any bank account or exceeding any credit card limit as a result of an automatic charge generated by TecBrat.com LLC. pursuant to this authority.
Those who have elected to pay for any service through a prepayment plan understand that the automatic billing described above shall only apply to the services, charges, and expenses that are not paid for through the prepayment plan. No refunds will be given for prepaid services that are canceled after the billing date. Any refunds given will be at the discretion of TecBrat.com LLC.
Those who have selected to be invoiced agree to make payment when the invoice is received and agree to pay all late fees which may be applicable and also agree to pay all collection fees and attorney fees which may arise due to a failure to pay for services.
Late fees will be either $5.00-per-month U.S. or 5-percent of the outstanding bill - which ever is greater. Should any legal or collection fees be incurred by TecBrat.com LLC. for the purposes of collecting money due to TecBrat.com LLC. by any client, the client will be responsible for payment of such fees.
CUSTOMER OBLIGATIONS TERMS
Hosting and Application UseEach client understands and agrees that using any of TecBrat.com LLC.'s services is based upon paying monthly hosting and other applicable fees. TecBrat.com LLC.'s services are only available when all account balances are current. TecBrat.com LLC. reserves the right to suspend or cancel any service / hosting plan.
Backing Up Hosted FilesTecBrat.com LLC. backs up its servers on a regular basis to protect data from catastrophic failure. TecBrat.com LLC. does not guarantee iterative backup of clients' hosted files. By using TecBrat.com LLC. Services and thereby agreeing to the Terms of Service, the client understands and agrees that TecBrat.com LLC does not guarantee the ability to correct errors or restore files damaged due to authoring, FTP transfers, data entry, or any other matter that may affect, damage, or destroy such files. TecBrat.com LLC. accepts no responsibility for lost files or expenses incurred to restore or reproduce lost or damaged files.
Programming and UpdatesAll charges for programming services will be based on a signed contract or authorization email. TecBrat.com LLC. makes no guarantees on any programming services and is not responsible for damages resulting from systems failure or other cause regardless of the reason and / or effects on a business.
Appropriate Use of ServicesEach client agrees to use TecBrat.com LLC. services in a way that conforms with all applicable laws and regulations and specifically agrees not to make any attempt to gain unauthorized access to any systems or networks. Each client agrees to not use the TecBrat.com LLC. services (including any web site established on TecBrat.com LLC.’s server) or the TecBrat.com LLC. web site to publish, post, distribute or disseminate another’s proprietary information, including trademarks or copyrighted information, without express authorization of the rights holder. Each client understands and agrees that TecBrat.com LLC. reserves the right to immediately remove (with or without terminating the account) from the account or any web site established on a TecBrat.com LLC. server any material or information which infringes another’s property rights.
DOMAIN OWNERSHIPTecBrat.com LLC retains the right to take or retain ownership of any domain that they have registered on behalf of any client for which full payment at the billed or stated amount has not been paid to TecBrat.com LLC when it is due, this may also be applied to any domain that has been automatically renewed on behalf of the client. Such ownership is limited to the period of registration that has not been paid for by the client.
Payments made for domain registration are not refundable once the domain name has been registered. - During the order process, clients are strongly urged to ensure that they have correctly spelled and submitted the domain name that they require registered.
Domain names purchased by clients are in their ownership when the client has paid for the domain registration for which TecBrat.com LLC. will bill them for. Ownership continues for the period of the registration paid for and the clients retains the right to have the domain renewed by TecBrat.com LLC. at any time during their ownership of the domain.
Clients may only purchase domain names through TecBrat.com LLC. that are available for registration and TecBrat.com LLC. bears no responsibility for any inaccuracies in any whois lookup no matter who owns or operates the whois lookup service. Clients are urged to ensure that any domain that they wish to purchase is truly available.
We shall have no liability in respect of the use by any client of any domain name; any dispute with any other person or party must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us.
BANDWIDTH AND WEB SPACE ALLOCATIONSTecBrat.com LLC. monitors bandwidth and web space usage (disk space usage) of each account and each account may have a predetermined amount of bandwidth and web space allowance each month. If either web space or bandwidth allocation is exceeded the account may be suspended. It is our policy to notify account holders who are nearing or past their allocation limits of the need to upgrade their plan quotas accordingly, thereby giving them the opportunity to choose an alternative plan which will accommodate their increase in allocation requirement or to make adjustment to their existing usage to prevent any unnecessary charges.
DISCLAIMERS AND OTHER TERMS
SecurityEach client understands and agrees that the information available through TecBrat.com LLC. or interconnecting networks may not be accurate, including the content displayed on the TecBrat.com LLC. Desktop. Each client understands and agrees that some of the information available through TecBrat.com LLC. or interconnecting networks may be intended for adult audiences. Each client understands and agrees that internetworking communications are not secure, and may be subject to interception or loss. TecBrat.com LLC. makes no warranties of any kind, whether expressed, implied, or statutory concerning the data or information available through the TecBrat.com LLC. network.
Warranty DisclaimerEach client understands and agrees that the use of TecBrat.com LLC. services, and any data or information accessed using those services, will be completely at the client's own risk and understands that the cumulative liability of TecBrat.com LLC. for any and all claims relating to the services provided by TecBrat.com LLC., in contract, tort, or otherwise, shall not exceed the total amount of the basic service fees paid to TecBrat.com LLC. for services within the prior month. Each client agrees that TecBrat.com LLC. shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies.
IndemnificationEach client agrees to defend, indemnify and hold TecBrat.com LLC. harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from, any violation of this agreement by the client or those who access the services through the client's account, or the use of the services or the Internet and the placement or transmission of any message, information, software, audio files or other materials on the Internet by those who have access to the services through the client's account.
TerminationEach client understands and agrees that TecBrat.com LLC. reserves the right to terminate any account at any time, for any reason, including, but not limited to, failure to abide by the terms of this agreement or failure to pay any fees or charges when due. If an account is inactivated a client may be required to pay reconnect charges and a prepaid deposit in order to re-activate the account. Any violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for TecBrat.com LLC., and would be a likely cause for termination of an account. Each client agrees to abide at all times by TecBrat.com LLC.’s policies as made available via a link on the TecBrat.com LLC. web site.
Cancellation of ServiceA client may can cancel your services in the following ways:
1) Call our business office Monday-Friday from 9 a.m. to 5 p.m. and cancel through any service representative.
2) Give written notice of cancellation to TecBrat.com LLC. By US Mail, email, or the contact form at www.tecbrat.com/?web_developer=contact.
All charges are considered valid unless disputed in writing within thirty days of invoice date. Any charges resulting from early termination of a contract shall be added to the last statement at the time of cancellation.
Law and JurisdictionEach client understands and agrees the laws of the State of Florida govern these Terms of Service and any TecBrat.com LLC. services. Each client expressly agrees that exclusive jurisdiction for any claim or dispute with TecBrat.com LLC. or relating in any way to an account or use of TecBrat.com LLC. resides in the courts of Hillsborough County, Florida. and further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Hillsborough County, Florida in connection with any such dispute, including any claim involving TecBrat.com LLC. or its affiliates, subsidiaries, employees, contractors, officers, or directors.
NOTICE - these terms may be updated at any time
TecBrat.com LLC. reserves the right to change or add to these terms, any product and / or service and / or any prices at any time without notification, however, there shall be no change to pricing during any existing contract / subscription during that subscription and so long as any such subscription is fully paid prior to its due date. Notwithstanding that, we aim to notify all clients of any change to these terms.
Your Acceptance of these Terms
By becoming a client of TecBrat.com LLC. you agree to accept and adhere to these, and any update to these terms in their entirety. When becoming a client, you are required to accept these terms and your acceptance shall be stored for future reference as may be necessary. Any breach of these terms of service may result in suspension or cancellation of the services provided. Where such action is taken the client is not entitled to a refund of any payment made for any service or product.
To contact our office please use one of the following:
Attn: Corry Wauford
11126 S US Highway 41 #1151
Gibsonton, FL 33534
Telephone: (813) 551-BRAT (551-2728)
This is the terms and condtions page for TecBrat.com LLC. (For convenience, sometimes shortened to "TecBrat.com") Here, potential clients can read about the expectations of our business relationship and electronically sign the agreement to begin working with TecBrat (Corry Wauford). The intent is to be a fairly basic set of rules that are fair and customary across the web- hosting, design and maintenance industry.