As a precondition and requirement to use the services available via Techevolution.com, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Salem Information Services LTD dba Techevolution.com, its subsidiaries and affiliates ("Techevolution"). Each Subscriber is subject to these Terms, and by using Techevolution's services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 17 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Techevolution. Further, Subscriber represents and warrants all information provided by Subscriber to Techevolution has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Techevolution in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although Subscribers of paid services offered through Techevolution must be at least eighteen (18) years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
Techevolution intends to provide the best possible web hosting service to each of its Subscribers. Techevolution is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Techevolution reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
Subscribers may view the most current version of these Terms at Techevolution.com/terms. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Techevolution.com website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Section 4 below.
If Techevolution makes a significant change to these Terms, as determined in its sole discretion, Techevolution will post a notice that we have made significant changes to the Terms on the Techevolution.com website for at least thirty (30) days after the changes are posted and will indicate at the bottom of these Terms the date these Terms were last revised.
If Subscriber is registering a new domain name with Techevolution, or using or transferring a previously registered domain name in conjunction with Subscriber's use of the Services, Subscriber hereby acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement located at techevolution.com and has read the Registrant Rights and Responsibilities located at http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
Under this Agreement, Subscriber shall comply with Techevolution's current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Techevolution, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. Subscriber hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Techevolution does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Subscriber via the Service (the "User Content"). User Content includes content of Subscriber's and/or users of Subscriber's Web site. Accordingly, under this Agreement, Subscriber will be responsible for Subscriber's users content and activities on Subscriber's Web site. Notwithstanding anything to the contrary contained in this Agreement, Techevolution may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Subscriber of the AUP. In the event Techevolution takes corrective action due to a violation of the AUP, Techevolution shall not refund to Subscriber any fees paid in advance of such corrective action. Subscriber hereby agrees that Techevolution shall have no liability to Subscriber or any of Subscriber's users due to any corrective action that Techevolution may take (including, without limitation, suspension, termination or disconnection of Services).
The term of Subscriber's subscription to the Services commences upon Subscriber's acceptance of these Terms and terminates as set forth in Paragraph 3.7 and Section 4.
Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. Techevolution may use Merchant Updater Services to receive updated billing information from participating providers.
Techevolution may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Techevolution will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.
As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's Hosting Account or Domain(s) Techevolution will automatically renew Subscriber's Hosting Account by charging the applicable fee for the non-promotional rate to Subscriber's current method of payment on file. The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Subscriber, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the customer at least thirty (30) days prior to the commencement of such successive period or renewal period. In the case of insufficient funds, we will attempt to collect at a partial term quantity (not changing your current term) to continue service as per contract. Additionally, after the Initial Term, you acknowledge, agree and authorize us to automatically bill and/or charge on your credit card for successive or renewal periods, unless terminated or cancelled by either party as provided in this section. Techevolution shall provide notice of the upcoming charge to Subscriber no later than thirty (30) days prior to the payment date. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". Subscriber acknowledges and confirms that if the Subscriber pays for a hosting plan which qualifies for a Free Domain that the Subscriber will be provided with a digital domain registration voucher to be used for purchasing their Free Domain. The domain registration voucher is only applicable as long as the Subscriber maintains a qualifying hosting plan.
As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's domain, if registered with Techevolution (or one of its Affiliates), or if transferred to and registered with Techevolution (or one of its Affiliates), Techevolution will automatically renew Subscriber's domain, by charging the applicable fee to Subscriber's current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of Techevolution. Subscriber hereby releases Techevolution from any and all liability for failure for any reason to renew said Hosting Account or said Domain(s). Subscriber acknowledges that there may be many reasons why Techevolution is unable to renew said Hosting Account or Domain, including but not limited to inability of Techevolution, for any reason, to bill said renewal to Subscriber's method of payment on file, to contact or otherwise get response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Hosting Account and/or Domain, if not renewed, for whatever reason, will expire on the Hosting Account or Domain Expiration Date, as applicable. In the event that a Domain expires, Techevolution will hold the expired Domain for up to thirty (30) days as a courtesy and not as an obligation (contractual or otherwise). Thirty (30) days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. Domain registration vouchers cannot be applied toward the cost of Redemption. If the Domain is not redeemed within seventy-four (74) days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable.
Subscriber will be notified of pricing for EACH successive period (or renewal period) no later than thirty (30) days prior to the payment date of SUCH successive period (or renewal period) for all products and services with a successive or renewal period of twelve (12) months or greater. This notification will be sent to the contact email address on file for the Account.
As a courtesy and not as an obligation (contractual or otherwise), Techevolution will automatically renew Subscriber's VPS or Dedicated Hosting Account by charging the applicable fee for the non-promotional rate to Subscriber's current method of payment on file. For VPS or Dedicated Hosting Accounts with a Term of three (3) months or greater, this renewal will occur fifteen (15) days prior to the expiration of Subscriber's Hosting Account. For Hosting Accounts with a Term of one (1) month, this renewal will occur twenty-four (24) hours prior to the expiration of Subscriber's Hosting Account. Techevolution shall provide notice of the upcoming charge to Subscriber no later than thirty (30) days prior to the payment date. In the event that a VPS or Dedicated Hosting Account that has been set to manual renewal by Subscriber expires, the Account will be suspended seven (7) days after expiration if no payment is received. If the Account has not been renewed after fourteen (14) days have elapsed following expiration, the Account will be terminated.
Subscriber agrees to notify Techevolution of Subscriber's intent to cancel automatic renewal at least sixteen (16) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to Techevolution, as applicable, by phone 781-595-2040, online chat, or by opening a ticket. This request must include verification of ownership of the hosting account and/or domain(s), as determined by Techevolution.
In the event Subscriber issues a chargeback or reversal of charges without first following the below cancellation procedures, the Subscriber will be responsible for a USD$25.00 billing service fee. Hosting accounts that have an open dispute may be disabled for security purposes.
In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Techevolution Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein.
Techevolution provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:
Fees paid by Subscriber in connection with the purchase of SSL certificates, Site Backup, Pay Per Click Marketing (PPC), cPanel, WordPress, website transfer, Design Service Standard, Design Service Plus, Design Service Premium, SEO Package, SiteLock, Constant Contact, domain privacy, domain names are nonrefundable under these Terms, as are Check Refunds of USD$10.00 or less due to processing fees, unless otherwise stated in the agreement Subscriber entered into with the individual service provider.
In the event Subscriber cancels the Services within three (3) calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 4.1. Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription, in which case Subscriber's refund will be reduced by $15.99 per domain name.
In the event Subscriber cancels the Services after the expiration of three (3) calendar days, but prior to the expiration of thirty (30) calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 4.a, subject to the following additional mandatory reductions:
If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced by $15.99 per domain name. Subscriber will retain full ownership and control of any such domain names.
Any fees paid by Subscriber in connection with services of a Dedicated IP will be refunded at a prorated rate based on the registration date, the length of service, and the date of cancellation.
Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph 4.a and any setup fees, which are nonrefundable after thirty (30) calendar days, receive a pro-rated refund for all other fees paid for Services, less $15.99 per "Free Domain Name."
Subscriber agrees to direct all cancellation requests to Techevolution via phone 781-595-2040 or online chat. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by Techevolution. Subscriber must also confirm to Techevolution that all emails, files, and databases are preserved and backed up somewhere other than Techevolution server space. Once confirmed, the cancellation can be processed following the cancellation policy located at: https://billing.Techevolution.com/hosting/help/122
Techevolution claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to Techevolution, Subscriber grants to Techevolution, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Techevolution's servers during the Term. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services as set forth in Sections 3 and 4 of the User Agreement.
Techevolution is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Techevolution Product"). Techevolution shall not be responsible for any changes in the Services that cause the Non-Techevolution Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. If you provide FTP access to a third party to utilize any Non-Techevolution Product, Techevolution is not liable for any malfunctions or defects or any losses of any kind resulting from such access. Any malfunction or manufacturer's defects of Non-Techevolution Product either sold, licensed or provided by Techevolution to User or purchased directly by User used in connection with the Services will not be deemed a breach of Techevolution's obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-Techevolution Product are limited to those rights extended to User by the manufacturer of such Non-Techevolution Product. User is entitled to use any Non-Techevolution Product supplied by Techevolution only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by Techevolution to User through any Non-Techevolution Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-Techevolution Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
"Unlimited" usage policies and definitions apply only to shared and reseller hosting accounts.
Techevolution does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Techevolution makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
Techevolution employs complex mechanisms to protect its Subscribers and systems from abuse. Techevolution's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. Techevolution's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Techevolution's service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. Techevolution will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Techevolution does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Techevolution can evaluate said sites resource needs.
Techevolution does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Techevolution charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the Techevolution service is designed to host websites. Techevolution does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Techevolution may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.
Techevolution does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Techevolution charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Techevolution reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
Techevolution does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account.