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TalkHost Legal Pages

Please take the time to read our terms of service, privacy policy and acceptable use policy. By accepting services from TalkHost you agree that you have read and accept all terms.

Terms of Service - Privacy Policy - Acceptable use Policy

Terms of Service 


All services provided by TalkHost 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 city laws or United Kingdom laws are prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless TalkHost from any claims resulting from the use of service which damages the subscriber or any other party. 

Prohibited are sites that promote any illegal activity or present content that may be damaging to TalkHost servers, or any other server on the Internet. Links to such materials are also prohibited. 

Examples of unacceptable content or links: 

    * pirated software

    * hacker programs or archives

    * Warez sites 

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY AND WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, TALKHOST WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS. 

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.25 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same. 

IRC

We do not allow IRC or IRC bots to be operated on our servers. 

Server Abuse

Any attempt to undermine or cause harm to a server or customer of TalkHost is strictly prohibited. Resellers are responsible for both your account as well as your customer accounts. Should you or your end-customer violate the Terms of Services outlined within, your account will be cancelled without chance of refund. 

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion. 

All sub-networks, distributive hosting sites and dedicated servers of TalkHost must adhere to the above policies, with the exception of system resources in respect to dedicated servers. 

Billing

On the first of each month, TalkHost shall either: (1) debit the client's credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to TalkHost by no later than the specified payment due date. TalkHost shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended. 

Service Fees

Certain services carry a set-up fee charged by TalkHost to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to TalkHost and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded. If client has retained the services for one year and has pre-paid TalkHost for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 28th day of the preceding month. 

Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of $15.00 prior to reactivation. This may be waived at the discretion of TalkHost. 

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion. 

Limitation of Liability

TalkHost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from TalkHost servers going off-line or being unavailable for any reason whatsoever. Furthermore, TalkHost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of TalkHost servers. All damages shall be limited to the immediate termination of service. 

Violations

Violations of these Acceptable Use Policies should be referred to support@talkhost.info All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation. 

Disclaimer

TalkHost cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by TalkHost are resold. Thus, certain equipment, routing, software and programming used by TalkHost are not directly owned or written by TalkHost. Moreover, TalkHost holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as TalkHost sees fit. 

Account Activation

By activating your account with TalkHost, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information. 

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem. 

No-compete Policy

End-user Support

TalkHost agrees to support subscribers through the facilities provided on our website (email and helpdesk). TalkHost takes no responsibility for the support of our reseller end users. 

99.9% Server Uptime Guarantee

TalkHost guarantees 99.9% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime. 

TalkHost reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.