Terms Of Service

This Trinitalian Web Services Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which Trinitalian Web Services' Hosting Services (hereafter referred to as the "Services") will be provided to you the Customer upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and Trinitalian Web Services reserves the right to modify it from time to time, effective when notification is posted at www.trinitalianwebservices.com. No verbal or written agreement/statement by any Trinitalian Web Services employee or at the Trinitalian Web Services website will take precedence over the TOS.

On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. Violation of the TOS or any such action that Trinitalian Web Services deems inappropriate may result in the termination or suspension of the Services for the Customer.

Payment

The Services purchased by the Customer will be in the form of a specific Linux, Windows or VPS Service Plan. Each Service Plan outlines the features, resources and storage that Trinitalian Web Services will provide to the Customer for the stated Service Fee. Each Service Plan along with their features, resources, storage and Service Fee are defined at www.trinitalianwebservices.com. Trinitalian Web Services has the sole right to determine how the features, storage and resources under each Service Plan are interpreted and how they will be provided to the Customer. The Customer must clarify any questions about the Service Plan he or she wishes to purchase with Trinitalian Web Services before registration. The Service Plan will be provided to the Customer in the form of a Service Account, which would allow the Customer to manage and use the features, resources and storage stated in the chosen Service Plan. All prices mentioned in the TOS and at www.trinitalianwebservices.com are in US Dollars (USD).

While registering for a Service Plan, the customer may choose a Billing Period (also know as Payment Term) of 1 Month, 3 Months, 6 Months or 1 Year. All Service Accounts are setup on a pre-pay basis. Upon the start of each Billing Period, the Customer will be charged the Service fee for the duration of the Billing Period. There may be additional charges according to our Overage Policy if any additional resources, features or storage is purchased or used by the Customer under the chosen Service Plan (which were not otherwise included for free). The Billing Period will renew itself automatically on termination unless the Customers chooses to cancel his or her Service Account (according to the Cancellation/Refund Policy).

All charges will be debited against the Customer's balance maintained by Trinitalian Web Services. If the Customer's debt exceeds $5.00 USD, he or she is required to clear his or her balance within 7 days following payment procedures defined by Trinitalian Web Services. Failure of customer to pay the outstanding Service Account balance would lead to Service Account suspension. The Customer's Service Account would only be resumed when the customer clears his or her balance and pays for the Service Fee for the duration of the next Billing Period as well. If the Customer does not pay his or her balance within 14 days after Service Account suspension, Trinitalian Web Services reserves the right to terminate the Customer's Service Account.

A fee of $30 USD will be levied for every returned check and payment processor charge back. Trinitalian Web Services reserves the right to change pricing of the Services from time to time. Trinitalian Web Services also reserves the right to withdraw any feature from a Service Plan, at any time it wishes to do so.

Overages

If Customer exceeds the feature, storage or resources limits defined by his or her chosen Service Plan, he or she will be charged for the extra usage according to the Overage rates outlined in that Service Plan. Customer may also purchase additional features, storage and resources by the same (or lower, if available) overage rates. If Customer uses/purchases more than 200% of the resources allocated in the chosen Hosting Plan, Trinitalian Web Services reserves the right to terminate the Customer's Service Account with a 5-day prior notification. All overage rates are prorated. The overage fees charged will be for the remaining portion of the Customer's current Billing Period.

Refunds/Cancellations

All Service Accounts must be cancelled by filling out the cancellation form at http://www.trinitalianwebservices.com/Cancel_Account.php.

The Customer will be eligible for a refund if he or she chose PayPal as their buying Mode during registration. Refund will be made for unused months only of the current Billing period after deducting a Refund Charge of $5.00. If however the customer's registration date is less than 30 days from the cancellation date, the customer will receive a full refund.

Refunds will not be made if the Customer's balance is not current or if the Customer has violated any terms of the TOS.

Liabilities/Obligation on Service Account Termination

Services are provided on an "as is" basis." Trinitalian Web Services is not liable to the Customer for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with the Customer's business, or for any other reason whatsoever flowing from the interruption, termination, suspension or cancellation of the Customer's Service Account.

Customer is liable to pay all charges accrued during Service Account operation. The customer is in no way relieved from paying these charges on Service Account interruption, suspension, termination or cancellation.

Material and Product Requirements

The Customer must ensure that all material and data placed on Trinitalian Web Services' servers/systems is in a form requiring no additional manipulation by Trinitalian Web Services. Trinitalian Web Services will make no effort to validate any of this information for content, correctness or usability.

Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use of the Services. You the Customer must have the necessary knowledge for your intended use of the Services. Trinitalian Web Services will not provide this knowledge to the Customer.

Intellectual Property Rights

The Customer must not use the Services in a manner that would infringe, violate, dilute or misappropriate any copyright laws, or laws protecting trademarks, trade secrets or proprietary information. If you the Customer use a domain name in connection with the Services, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Web Site Operation and Security

If the Customer runs a Web Site through the Services, the Customer are solely responsible for its operation and maintenance and Trinitalian Web Services plays no such role in the Customer's Web Site(s) operation or maintenance.

The Customer is also responsible for the security of any client credit card numbers and related client information that the Customer may access as a result of conducting electronic commerce transactions through the Customer's Web Site. Trinitalian Web Services will not be responsible for the security of any information collected or maintained by the Customer's Web Site.

You the Customer also expressly (i) grant to Trinitalian Web Services a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Trinitalian Web Services under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

Trinitalian Web Services' data center services provider (Jodohost) shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Trinitalian Web Services. Trinitalian Web Services and it's service provider (Jodohost) reserves the right to change or remove any and all such IP numbers and addresses.

General Abuse

Any attempt to cause harm or undermine Trinitalian Web Services' servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under US and International laws is also prohibited.

Prohibited uses of the Services also include, but are not restricted to:
1. Use of IRC, bots or clients.
2. Unsolicited Bulk Emailing.
3. Newsgroup spamming.
4. Hosting, promoting or linking to ographic content.
5. Illegal Content.
6. Copyright infringement.
7. Trademark infringement.
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software cracks, software cracking tutorials and software serial numbers) that may help any individual to obtain copyrighted software or music illegally.
10. Hosting or linking to computer software that may be used for spamming (know as spamware).