The use of services from Time Critical Solutions (TCS) Ltd [hereafter referred to as "TeCS"], or affiliation with the same, constitutes agreement to these terms. You may view our Privacy Policy here.
For .VPE.ME Domain Registrants / Email Hosting Clients
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with TeCS, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. TeCS is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
2.) Content
All services provided by TeCS may only be used for lawful purposes. The laws of the Republic of Cyprus and the European Union apply.
The customer agrees to indemnify and hold harmless TeCS from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found of being in violation of anothers copyright, or where strong grounds to suspect such a violation, will be expeditiously removed, suspended, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@timecriticalsolutions.com with all relevant information. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Taking backups of your backups is again not permitted.
Examples of unacceptable material on all Shared and Reseller servers include:
• Topsites
• IRC Scripts/Bots
• Proxy Scripts/Anonymizers
• Pirated Software/Warez
• Image Hosting Scripts (similar to Photobucket or Tinypic)
• AutoSurf/PTC/PTS/PPC sites
• IP Scanners
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Banner-Ad services (commercial banner ad rotation)
• File Dump/Mirror Scripts (similar to rapidshare)
• Commercial Audio Streaming (more than one or two streams)
• Escrow/Bank Debentures
• High-Yield Interest Programs (HYIP) or Related Sites
• Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime Banks Programs
• Lottery Sites
• MUDs/RPGs/PBBGs
• Hateful/Racist/Harassment oriented sites
• Hacker focused sites/archives/programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez/pirated/illegal content
• Bank Debentures/Bank Debenture Trading Programs
• Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
• Mailer Pro
TeCS services, including all related equipment, networks and network devices are provided only for authorized customer use. TeCS systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of TeCS system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. TeCS may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble-ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse@timecriticalsolutions.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended or terminated immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Please click here to review our generalized mail policy.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
TeCS reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
TeCS reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of TeCS.
4.) Payment Information
You agree to supply appropriate payment for the services received from TeCS, in advance of the time period during which such services are provided. You agree that until and unless you notify TeCS of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies TeCS of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.
Cancellations must be done in writing. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. Your cancellation must be done via the TeCS trouble-ticketing system. We require that you a) confirm your identity, and (b) confirm in writing you are prepared for all files/emails to be removed. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of TeCS, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify TeCS of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by TeCS. TeCS reserves the right to bill your credit card or billing information on file with us. TeCS provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to TeCS for services rendered. Access to the account will not be restored until payment has been received.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact saleswh@timecriticalsolutions.com
TeCS reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is run on Sunday of each week, and provided to you as a courtesy. TeCS is not responsible for files and/or 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 TeCS servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by TeCS.
6.) Cancellations & Refunds
TeCS proudly offers its subscribers a "30-Day Money Back Guarantee." This guarantee allows subscriber to purchase TeCS' services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage.
This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with the hosting services provided by TeCS. If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for a refund under the terms of our money-back guarantee must be submitted via TeCS’ trouble ticking support system available within the TeCS client area. Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of these TOS.
Cancellations must be done in writing. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. Your cancellation must be done via the TeCS trouble-ticketing system. We require that you a) confirm your identity, and (b) confirm in writing you are prepared for all files/emails to be removed. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
Should the TeCS Business Unlimited user have cancelled their account after having requested and been allocated a private SSL, the cost incurred by TeCS in allocating this service over a one year period (currently $55) will be deducted from any refund amount due to be issued to the subscriber. Should the amount due to be refunded to the subscriber be less than $55 then the subsctiber authorizes TeCS to charge the subscribers registered credit card for this account - or alternatively, the subscriber will immediately pay an invoice issued by TeCS for the outstanding amount.
All charges relating to 'Addon Products' (those products not included as standard within the hosting package purchased by the subscriber) are non-refundable in the event that the subscriber's account is cancelled or downgraded. Further, terminated accounts are not also not eligible for any refund in relation to amounts charges for Addon Products.
Accounts suspended for violation of TOS are not eligible for prorata refunds of any kind with respect to either hosting or addon products that they have subscribed to or purchased.
If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how TeCS could improve service.
TeCS reserves the right to cancel, suspend, or otherwise restrict access to any account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
7.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities using your hosting account.
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
h) Run cron entries with intervals of less than 15 minutes.
Users are strongly recommended to:
j) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
k) To help reduce usage, do not force html to handle server-side code (like php and shtml).
l) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
7b.) “Fair Usage” Policy
It is acknowledged by users of TeCS services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on TeCS servers.
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
If a "Fair-Use" breach occurs, which is solely at the determination of TeCS, the subscriber may be asked to remove files, or may have their access to reduced or suspended to an extent determined by TeCS, in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that TeCS may have to take.
7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
8.) 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.
9.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of TeCS dependent upon justification provided. Third p arty monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact saleswh@timecriticalsolutions.com with justification. All requests must be made in writing via email.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. TeCS does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. TeCS will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
11.) Shared (non-reseller accounts)
Shared accounts may not resell web hosting to other people.
12.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on timecriticalsolutions.com, and the right to increase the amount of resources given to plans at any time.
13.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
The terms within this section of the TeCS Web Hosting Terms of Service are dedicated to Clients that have registered one or more .VPE.ME domain names, or .VPE.ME email hosting (V-Personal Email).
14.) Clients understand that by registering a .VPE.ME domain name thet effectively own that registered domain name, for as long as they continue to renew their registration. Similarly, Clients are free to transfer or sell their .VPE.ME domain name as they see fit by instructing TeCS to administer the transfer. Transfers can be requested by submitting a request to support@timecriticalsolutions.com or by submitting a support ticket through the TeCS client area.
15.) The client understands that a .VPE.ME domain is a particular category of domain, called a virtual or sub-domain which must technically reside at the same IP as the parent domain, VPE.ME - this being owned and operated by TeCS. For this reason, the Client understands that they, or TeCS are technically able transfer this domain to a registration or hosting company other than TeCS.
16.) The Client understands that registration of a .VPE.ME domain (as with any other domain type) does not include hosting. However, the Client has the option of subscribing to Email Hosting (our V-Personal Email plan) at any time.
17.) Email Hosting (V-Personal Email) is delivered as standard with the following services:
• Complimentary registration of a .VPE.ME domain name. The Client has the option of using a .VPE.ME domain name that they have already registered as the primary domain of their V-Personal email plan - by purchasing a products upgrade. In this case the Client will only pay the difference between the cost of registration and the V-Personal email hosting plan.
• Two Email Addresses as specified by the Client, both with unlimited email storage space.
• Web email access, giving the Client access to their email from anywhere in the world.
• 99.99% email uptime guarantee using a range of online email applications – all available from the Client’s customer area, or directly.
• POP3, iMAP, and SMTP support
• Auto-responder for each email address.
• Mailing Lists (10 in total).
• Spam Assassin - able to block most spam from reaching the Client’s e-mail inbox(s).
• Mail Forwarding.
18.) Email Hosting (V-Personal Email) Clients agree to adhere to the TeCS Web Hosting Clients terms of service, items 1 to 13, described herein, where applicable. Further, the Client agrees to adhere to the TeCS Spam Policy and TeCS Privacy Policy at all times. In relation to these terms, subscribers to Email Hosting (V-Personal Email), qualify for our 30-Day Money Back Guarantee, as described within item 6 of these terms. The Client understands that no such money-back guarantee applies to domain registration.
These terms within this section of the TeCS Web Hosting Terms of Service are dedicated to participation in the TeCS Web Hosting Affiliate Program. The terms "Affiliate," "you," and "your" are referring to you, the applicant. "We" and "our" refer to TeCS Web Hosting Affiliate Program.
19.) Duration & Termination
This agreement will begin upon your acceptance on to the TeCS Web hosting Affiliate Program and will end when terminated by either party. Termination may happen at any time, with or without cause, by giving the other party written notice of termination. Violation of these terms may result in the affiliate being suspended or terminated. Depending on the circumstances of the suspension or termination TeCS reserves the right to withhold any part of commissions otherwise due to the affiliate at its absolute discretion, especially where the affiliate has been judged to use spamming techniques, high-jacking the affiliate links of other affiliates, or using other illegal or unethical practises in order to win commissions as an affiliate within the TeCS Web hosting Affiliate Program.
20.) Commission Fees
20a.) You will receive 70% commission on orders for all standard web hosting products received from site visitors that have clicked through your affiliate link to our website. The same commission also applies where the site visitor has clicked on your affiliate link within 90 days of placing an order, even if they did not actually come through your affiliate link at the time of placing their order. Commission applies to all orders taken for VPersonal Email, Business QUICKSTART, Business DATAWAREHOUSE, Business SUPERHIGHWAY, and Business UNLIMITED packages. The same commission of 70% is payable on renewals and upgrades of these hosting products.
20b.) For a sale to generate a commission to an Affiliate, the customer must complete the order form, and submit full, cleared payment for the service ordered.
20c.) Fees will be paid monthly on the 1st of each month by TeCS Web Hosting. Any returned checks, charge-backs, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued. TeCS has the right to delay payment of any commission by up to 60 days where the associated order may potentially cause a charge-back to arise – or where a fraudulent transaction may have arisen.
21.) Order Processing
TeCS Web Hosting Affiliate Scheme will be solely responsible for processing every order placed by a referral from the Affiliate. Customers who purchase products and services through the TeCS Web hosting will be deemed to be customers of TeCS Web hosting. Prices of our products and services may vary from time to time. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
22.) Website Restrictions
TeCS Web hosting reserves the right not to accept or otherwise cancel the account of any affiliate of the TeCS Web Hosting Affiliate Program based on site content. Affiliates that Do Not Qualify for the TeCS Web Hosting Affiliate Program include those associated with sites or promotions related to the following:
• X- rated and promote sexually explicit materials
• Promoting violence and discord.
• Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promoting illegal or questionable activities
• Violating intellectual property rights
23.) Use of SPAM (UCE) by Affiliates
Unsolicited Commercial E-mail - TeCS Web Hosting Affiliate Program in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the TeCS Web Hosting Affiliate Program, with no refund, or payment of outstanding commissions.
24.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold TeCS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against TeCS, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TeCS against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with TeCS; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from TeCS's server.
25.) Arbitration By using any TeCS services, you agree to submit to binding arbitration. If any disputes or claims arise against TeCS or its subsidiaries, such disputes will be handled by an arbitrator of TeCS's choice. An arbitrator from the European Arbitration Association will be selected. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.
26.) Disclaimer
TeCS shall not be responsible for any damages your business may suffer. TeCS makes no warranties of any kind, expressed or implied for services we provide. TeCS 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 TeCS and its employees.
27.) Disclosure to law enforcement
TeCS may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
28.) Changes to the TOS
TeCS reserves the right to revise its policies at any time without notice, except where applicable to .VPE.ME domain registration.