TSS Web Hosting - Your #1 Choice For Secure Website Hosting

Your use of TSS Hosting.Com’s web hosting system constitutes your acceptance of the Terms and Conditions set out herein. These terms and conditions supersede any prior understandings or agreements and shall govern your relationship with TSS Hosting.com

Limitation of Responsibility
You understand and accept that:
1)TSS Hosting accepts no responsibility for the quality or accuracy of the information that you may obtain through it’s system; further TSS Hosting makes no claim of being able to exercise effective control over the content of the information flowing through it’s web hosting system.
2) It is specifically understood that TSS Hosting makes no warranties, express or implied regarding the service it is providing as to suitability for a particular purpose, merchantability, safety or security.
3) Any use that you make of any information or data obtained from or through TSS Hosting web hosting system is solely at your own risk.
4) TSS Hosting accepts no responsibility for any loss or damage you may suffer through the use of its services, including, but not limited to, loss of data because of delays, non-deliveries, or service interruptions, whether caused by its own negligence or your errors and omissions.

Restrictions we place on sharing your information
1. We are the sole custodians of the information collected from you.
2. We do not sell, rent, or give access to your information to any outside parties.
3. We do not disclose your business practices, your proprietary information or your industry standing to any third party.

Limitation on Type of Usage
TSS Holding reserves the right to revoke your access and usage of the system if in its sole determination your usage is unethical or illegal. Forbidden usage includes but is not limited to the following:
1) Illegal practices such as transmission of material that violates Canadian Federal, Provincial or Municipal laws, ordinances or regulations; or is deemed to be illegal according to the laws of your country.
2) Corrupt practices such as transmission of copyrighted material or material protected by trade law.
3) Abusive practices such as transmission of threats or egregious personal disparagement, or distribution of material promoting hatred of against individuals or groups.
4) Obscene practices such as transmission of obscene material or hosting of adult content.
5) Offensive practices such as transmission of spam, mailers, sniffers and hacking tools.

Indemnification
You agree to indemnify, to hold harmless TSS Hosting.com and it officers or agents from any liability, loss or claim, however occurring, arising out of your use of its services which damages you or a third party.

System Usage Limitations
1) You may only use the binary files provided by TSS Hosting. com. Installing or compiling other binary files is forbidden.
2) TSS Hosting.com does not provide C compilers and the PERL binaries provided will not have networking support e.g. socket.ph, ftp.pl etc.
3) Users requiring additional programs or scripts must obtain the prior approval of TSS Hosting.com
4) Telnet and Shell Access are absolutely prohibited. However ftp access to your home directory for the purpose of installing and editing your web pages may be used as often as needed.
5) If you exceed the disk storage transfer limit or the number of email accounts limit in a hosted package your account will be charged for the extra bandwidth, disk space and /or email accounts. We will Email a warning to users who exceed80% of their packages bandwidth or disk space limits.
6) TSS Hosting.com reserves the right, without prior notification, to remove or modify files, or to suspend or terminate accounts which in its sole judgment are deemed to be a threat to the functionality of its web hosting system.
7) If your account generates especially high web traffic volume we reserve the right to require you have your site switched to a Heavy User Virtual Server.

Cancellation
1) Cancellations must be made by Email to sales@tsshosting.com no less than 10 days prior to your sign up date. Late notification will incur charges.
2) Cancellations will not result in any refunds.
3) Miva Merchant license keys are non refundable.

Service Details
TSS HOSTING, SERVICE LEVEL AGREEMENT (TSSHLA)
NETWORK UPTIME
Service Uptime. Our target uptime for the Service is 99.9% of the time in every calendar month. This applies to email services, web serving services, DNS services, and the site management network. This target does not include scheduled maintenance operations. Our, multi-redundant network architecture permits operation without service degradation or CUSTOMER interruption in the case of maintenance or equipment failure.

TSS HOSTING will use commercially reasonable efforts to meet or exceed service levels. If TSS HOSTING fails to meet the foregoing 99.9% service levels set out below in a rolling two month period, then CUSTOMER will be entitled to receive a credit for such outage in accordance with the schedule below. CUSTOMER will be entitled to deduct said credit for such amounts otherwise payable to TSS HOSTING hereunder, calculated in accordance with the table below for each month (computed by reference to a 31 day month), if more than 30% of the CUSTOMER users are affected. If the actual availability for any three month period is less than 98.00%, CUSTOMER will have the right to terminate this Agreement for breach of contract.

Availability % Monthly Service Credit
99.40 - 99.70 5%
99.00 - 99.40 10%
98.00 - 99.00 15%
97.00 - 98.00 20%
96.00 - 97.00 30%
95.00 - 96.00 50%

Online Maintenance Services will be provided as long as this agreement is in effect without charge. Maintenance windows are scheduled at times which least impact our CUSTOMERS based on minimal overall activity on the TSSHOSTING.COM Web Hosting Systems which may vary from month to month.

Notwithstanding the preceding, TSS HOSTING reserves the right, in its reasonable discretion, to perform any emergency work outside of any Maintenance Windows in order to keep the TSS HOSTING System functioning in accordance with appropriate Service Levels. If advance notice has been provided, periods of time the Service is unavailable during Emergency maintenance windows will not be included in calculating the service levels actually achieved. Software and hardware failures resulting from a third party intrusion (i.e. denial of service attacks) are excluded from the uptime guarantee. Private label DNS (domain name servers) require 3 DNS entries, the third of which is BLUEGENESIS.COM generic DNS. BLUEGENESIS also does not provide any service guarantees for Microsoft Access, ASP, Cold Fusion or Miva. Website or email services downtime resulting from misuse by the CUSTOMER'S end users will not be recorded as downtime when calculating credits.

Credits for affected websites must be applied for within 60 days of the occurrence of the problem. TSS HOSTING Technical Services will be responsible for problem investigation and will provide a written response to the CUSTOMER explaining the results of their investigation. In the event there is a dispute of findings, TSS HOSTING reserves the right to make the final decision on whether credits will be provided to the CUSTOMER.

COLDFUSION - MIVA - ASP
Please note Coldfusion (.cfm), Miva and ASP (.asp) services are hosted on a closed source platform. The 99.9% target does not apply for these services.

ACCESS DATABASES
Access is not designed for, nor recommended for use on busy websites. Due to this, we can not guarantee performance for websites which make use of Access databases. We recommend using MySQL or MS-SQL for increased performance and reliability.

EASYMAIL/MAILING LISTS
1. EasyMail E-Mail Accounts are restricted to a maximum size of 50MBytes of space on the EasyMail e-mail server. If this space is exceeded, this may result in e-mail being lost or your account being suspended or terminated.
2. EasyMail E-Mail Accounts are restricted to a maximum e-mail transfer of 20MB per Mail Server request. This is restricted by the Mail Server.
3. Deletions of EasyMail Accounts are queued for execution once a day (overnight).

DOMAIN REGISTRATIONS
1. Virtual Hosting will be active within 48 hours after the initialization process begins (Final Confirmation is e-mailed to the client).
2. VM Servers will be active within 72 hours after your account has been processed.

HEAVY USER SERVER
1. This server is available by approval by a Senior TSS HOSTING officer only.

DISPUTES BETWEEN DOMAIN NAME HOLDERS AND THIRD PARTIES
The applicant acknowledges that any third party may, for whatever reason, challenge the use by the applicant of the domain name before an Administrative Domain Name Challenge Panel (ACP) in accordance with the WIPO ACP rules. The applicant further acknowledges that the decisions of an ACP may determine rights of applicant or other parties or both to the use of a particular domain name, and that, with respect to its right to use a particular domain name or names, it will be bound by ACP decisions

Unless otherwise instructed by you, we may from time to time contact you by email to advise of special deals, new products or services or changes to our privacy policy.