TRU - The Root Underground | TRU Networks | Category: Page | §0_u63R | Affordable Professional Quality Web Hosting™


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Terms and Conditions of Service (TOS)

Use of TRU Networks ("Company") Services constitutes acceptance and agreement to Company's AUP as well as Company's TOS

In consideration for services to be delivered, Customer agrees to be bound to the following terms:

Customer agrees to pay for services rendered in advance of each monthly service term.
Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
All set-up fees and monthly service fees for all products and services are non-refundable unless explicitly stated otherwise by the terms of our service-limited Money Back Guarantees offered only to new, first-time Customers as defined later in these terms. Customer shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by Customer or in the event of early termination of this agreement by Company according to the terms herein. Customer agrees to a no-refund policy in advance for which any and all set-up fees, account-provisioning fees, administrative (AUP) policy violation fees, auction item fees, custom network cable fees, dedicated server hosting fees, domain registrar services fees, game server hosting fees, technical/administrative assistance services fees, and Ventrilo voice communication server hosting fees are non-refundable.
Non-Payment of services shall result in a 24-hour grace period, starting at 12:00 a.m. (in the morning) on the billing due date, before disconnection of services. All payment failures must be cured within the 24-hour grace period. Customers failing to secure payment within the grace period will incur service interruption ; dedicated server hosting Customers will be subject to a $55 reconnection fee.
Service cancellations must be submitted in writing (to "billing@trunetworks.com") at least 10 business days before your next billing cycle.
Company is not responsible for data integrity on equipment or accounts reclaimed or suspended for non-payment.
Texas residents agree to pay all taxes applicable to your account.
Customer agrees to adhere to the Company's Acceptable Use Policy, as amended from time to time by the Company.
Customer agrees to adhere to the Company Data Center Rules and Procedures as enforced by our suppliers.
Customer agrees not to engage in activity that violates federal (United States), state (Texas) or local laws applicable to the service terms described herein.
Company reserves the right to discontinue or terminate service to any Customer it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Center Rules and Procedures, and Terms of Services.

Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

Account Setup

Accounts can be refused, discontinued, or terminated at the sole discretion of Company. We are very careful to confirm Customer input to prevent fraudulent orders. Any irregularities will be cause for refusal. We do not have instant activation for this reason to maintain a secure infrastructure and safe services. Customer agrees to allow for time to screen for fraud, confirm Customer (order form) input, and verify payment receipt before services are rendered. Service setup may be delayed until we and/or our payment processor partner(s) have screened the order(s) for potential fraud. It is the Customer's responsibility to provide Company with an up-to-date phone number and e-mail address which is not @ the domain(s) you are signing up under (i.e. if your order is for domain.tld, then your contact e-mail address cannot also be on domain.tld, such as customer@domain.tld; if you use such a contact e-mail address, then the Welcome "Account Info" e-mail may fail to reach your e-mail inbox). Average setup time for most orders is within 24 to 48 hours. Average setup time for dedicated servers is from 48 to 72 hours.

Payments, Cancellation, & Fees

All payments are due before service is rendered on or before the defined monthly recurring billing date of each month. A service month starts on the date the account becomes available to you. Your payment will be due on the same day of each calendar month. You authorize Company to charge your credit or debit card to pay for any charges that may apply to your account. You have a specific obligation to immediately notify Company, in writing (to "billing@trunetworks.com"), of any changes to your card account (including applicable account number or cancellation or expiration of the account, your billing address, or any information that may prohibit Company from properly charging your account). Payments are expected on or before your next payment date. If you no longer require service we require you to notify Company, in writing (to "billing@trunetworks.com"), that you wish to discontinue service ten (10) business days before your next billing due date to avoid unnecessary billing. You agree that until and unless you notify Company, in writing (to "billing@trunetworks.com"), of your desire to cancel any or all services received, those services will be billed on a recurring basis. If payment is not received by the billing due date, Company reserves the right to deactivate your account/service until payment is rendered. Dedicated server accounts will incur $75 reactivation late fee if payment is not received within three (3) days of the billing due date. If payment is not received, Company may withhold or suspend services and may terminate this agreement at its sole discretion. Suspension or termination of services does not relieve you from your obligation to pay all accrued but unpaid charges. Customers may cancel at any time. Company in its sole discretion gives new Customers a money back guarantee on web hosting, reseller web hosting, and TeamSpeak voice communication server hosting. A refund or credit will only be given if the Customer has not violated the Terms of Service and Acceptable Use Policy. Refund and credit requests after the initial money back guarantee period may only be refunded or credited at the sole discretion of Company on a pro-rated basis of any unused time. Company reserves the right to cancel, suspend, or terminate an account or refuse the renwal of an account at any time with or without a refund or credit. Only first-time accounts are eligible for a full refund within the initial money back guarantee period from the time service is rendered at the sole discretion of Company. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a full refund nor if you have opened a second account with us. All payments for set-up fees, account-provisioning fees, administrative (AUP) policy violation fees, auction item fees, custom network cable fees, dedicated server hosting fees, domain registration service fees, game server hosting fees, technical/administrative assistance services fees, and Ventrilo voice communication server hosting fees are non-refundable.

Backups & Data Loss

Your use of the services is at your sole risk. Company is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Company's servers.

Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Money Back Guarantee

We offer a money back guarantee only for web hosting fees, including reseller web hosting fees, and TeamSpeak voice communication server hosting fees. There is no money back guarantee for any setup fees, auction item fees, custom network cable fees, dedicated server hosting fees, domain registration service fees, game server hosting fees, technical/administrative assistance services fees, and Ventrilo voice communication server hosting fees. We reserve the right to refund a pro-rated amount or no refund at all.

The web hosting, and reseller web hosting money back guarantee period is to last for fourteen (14) days beginning from the time service is rendered. The TeamSpeak voice communication server hosting money back guarantee is to last for seven (7) days beginning from the time service is rendered. The conditional money back guarantees does not cover setup or domain name registration fees. If you are not completely satisfied with our hosting services within the money back guarantee period of your service, you will be given a full refund of the contract amount minus any and all setup and/or domain name registration fees.

Price Change

The amount you pay for hosting will never increase from the date of purchase. Company reserves the right to change prices listed on our web site, and the right to increase the amount of resources given to plans at any time. If a price for a service you currently subscribe to has lowered, you may transfer to the new pricing at any time by upgrading your service subscription. Pricing for promotional specials applies only to new service and service upgrades and does not apply to service downgrades.

Disclaimer of Warranties; Limitation on Company Liability

Company, its agents, affiliates and vendors shall not be liable for any indirect, incidental, special, punitive, exemplary or consequential damages, including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like, that result from the use or inability to use the Services; from mistakes, omissions, interruptions, deletion of records or files, errors, defects, delays in operation, or transmission; or for any failure of performance; regardless of whether the Company has been advised of such damages or their possibility, or whether the above events are limited to acts of God, communication failure, theft, destruction, or unauthorized access to the Company's records, programs, or the Services, whether in contract, tort or otherwise. Company makes no warranties of any kind, expressed or implied for services we provide. Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Company, its employees and agents.

Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

Indemnification

Customer agrees to defend, indemnify, save, and hold harmless Company and the employees, officers, and agents of Company (each an "Indemnified Party") against any and all losses, claims, damages, liabilities, demands, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Without limiting the foregoing, Customer agrees to defend, indemnify, save, and hold harmless Company against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with the Services provided to Customer; any material supplied by Customer infringing or allegedly infringing on the property or proprietary rights of a third party; copyright infringement; and any defective product which Customer sold or distributed by means of the Services.

Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Notices

Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested.

Governing Law; Jurisdiction; Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to choice of law provisions that would cause the application of the law of another jurisdiction. Customer agrees, in the event any claim or suit is brought in connection with Company's provision of the Services to the Customer, to submit to the jurisdiction of the state of Texas, and agree to the courts of Harris County, Texas as the appropriate forum.

Policy Changes

Company reserves the right to revise its policies at any time without notice. It is the Customer's responsibility to regularly check back for any updates.