|Tackhosting - Web Hosting Terms of Service
Tackhosting reserves the right, in its sole discretion, to change,
modify, add or remove all or part of these Terms, including but not limited
to any term, applicable fee, policy, or guideline, at any time without
notice or acceptance by you (“You” or “Your”),
except as provided in Section 4. Regardless of whether Tackhosting has
provided you individual notice, your continued use of the Service following
Tackhosting’s notice or posting of changed Terms will constitute
your acceptance of such changes. It is your responsibility to check regularly
for changes to the Terms and ensure that any contact information you provide
to Tackhosting is updated and correct.
A. If you have signed a Master Contract with
Tackhosting, this Agreement is governed by that Master Contract. All terms
in that Master Contract will take precedence over any conflicting terms
in this Agreement.
A. "Plans" means proposals for offering various services to
be provided by Tackhosting, as listed in a Master Contract. "Plans"
does not include the use of any trademarks owned by Tackhosting.
B. "Customer" means an end user who is utilizing services provided
A. All prices for Plans provided by Tackhosting to Customer are U.S. dollars.
B. Customer shall be responsible for paying all taxes of any nature
which become due with regard to Tackhosting services, except for taxes
on Tackhosting's income, irrespective of which party may be responsible
for reporting or collecting such taxes.
4. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by Tackhosting. An order will
be deemed accepted by Tackhosting when written confirmation of the order
is sent to Customer. Tackhosting may refuse to accept any order, or delay
acceptance pending fulfillment of conditions Tackhosting may choose to
impose. Such refusal or such conditions may not be unreasonable, however,
and Tackhosting agrees to provide Customer with reasonable notice via
Email or fax of any intent to delay or decline the acceptance of any order.
B. Payment and Terms: Payment shall be made in US dollars to Tackhosting
using the method designated by Tackhosting, or as may otherwise be agreed
in writing by the parties. Payments are due upon account activation and
future renewal. If due to bank charges, transfer fees, or the like, Tackhosting
should receive less than its invoice amount, Tackhosting will re-invoice
Customer for the shortfall. Customer agrees to be bound by Tackhosting's
published Billing Policies and terms. In the event that any amount remains
unpaid fifteen (15) days after presentation of invoice, Tackhosting may
discontinue, withhold, or suspend services to Customer and/or its customer(s)
to whom such unpaid amounts relate.
5. DUTIES OF TACKHOSTING
Tackhosting will acquire, on request, an Internet Domain Name on behalf
of the Customer. In such case the Customer hereby waives any and all claims
which it may have against Tackhosting for any loss, damage, claim or expense
arising out of, or in relation to, the registration of such Domain Name
in any on-line or off-line network directories, membership lists or registration
lists, or the release of the Domain Name from such directories or lists
following the termination of services by Tackhosting for any reason. Any
costs of Tackhosting in obtaining or maintaining a domain name for Customer
or its customers shall be immediately reimbursed to Tackhosting upon invoice
from Tackhosting to Customer.
A. ICANN Guidelines. Additionally, Customer acknowledges that
ICANN may establish guidelines, limits and/or requirements that relate
to the amount and type of information that our hosting and registrar partners
may or must make available to the public or to private entities, and the
manner in which such information is made available.
Customer hereby consents to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of, information
provided by Customer in connection with the registration of a domain name
(including any updates to such information), whether during or after the
term of Customer's registration of the domain name.
B. Third Party Data. In the event that, in registering the domain name,
Customer is providing information about a third party, Customer hereby
represents that Customer has (1) provided notice to that third party of
the disclosure and use of the party's information as set forth in this
Agreement, and (2) that Customer has obtained that third party's express
consent to the disclosure and use of that party's information as set forth
in this Agreement.
C. Accuracy of Data. Customer acknowledges that willfully providing
inaccurate information or willfully failing to update information promptly
will constitute a material breach of this Agreement and will be sufficient
basis for cancellation of Customer's domain name registration. (In addition,
under certain federal laws, such provision of inaccurate or false information
is one factor in determining whether Customer may have violated the trademark
rights of another party in registering a domain name confusingly similar
to such party's trademark.) Customer is responsible for notifying Tackhosting
in writing of changes in its contact information. In addition, Customer
agrees that Customer's failure to respond for over fifteen (15) calendar
days to inquiries by Tackhosting concerning the accuracy of contact details
associated with Customer's registration shall constitute a material breach
of this Agreement and will be sufficient basis for cancellation of Customer's
domain name registration.
D. If Customer Has Registered a Domain Name Through A Third Party.
If Customer has registered a .com, .net, or .org domain name through a
third party, or Customer asked Tackhosting to register the domain name
Customer, Customer is bound by the domain registration policies of that
registrar. For example, domains registered with Network Solutions,
Inc. ("NSI") are subject to the agreement Customer entered into
with NSI, who was then Tackhosting's exclusive provider of domain name
registration services. By applying for the domain name and through the
use or continued use of the domain name, the applicant agrees to be bound
by the terms of NSI's domain name policy (the "NSI Policy")
which is available at:
E. Domain Name Transfers. If Customer has requested that the domain
name registrar of record for Customer's domain name(s) (as identified
by Customer during the registration process) be transferred to Tackhosting
and its hosting or registrar partners, the following terms shall apply:
In making the transfer request, Customer represents and warrants that:
* Customer is the rightful holder of the registration for the domain
name(s) that Customer seeks to transfer.
* Customer is not in default with respect to any obligations that Customer
owes to the current registrar of record.
* Customer is not the subject of any pending bankruptcy proceeding, nor
is Customer a party to any dispute concerning the use or registration
of the domain name(s).
* The domain name(s) are not currently the subject of any dispute or collection
effort, including any attachment, levy, lien, garnishment, escrow or other
* Customer is authorized to request the transfer and to enter into this
* More than 60 days have passed since the domain name(s) was registered,
transferred to a new registrar, or renewed. CUSTOMER MAY
NOT TRANSFER A DOMAIN NAME TO A NEW REGISTRAR WITHIN 60 DAYS OF INITIAL
REGISTRATION, OR ANY SUBSEQUENT TRANSFER OR RENEWAL.
Customer agrees that neither Tackhosting nor its hosting or registrar
providers will have any responsibility for any obligations that Customer
may owe to the current registrar of record for the domain name(s) Customer
seeks to transfer, and that Customer will be responsible, pursuant to
the indemnification provision herein, for any costs that Tackhosting may
incur in resolving any claims brought by any third party (including the
current registrar of record) relating to this transfer. Customer will
not be entitled to a refund or credit for any amounts that Customer may
have paid to the current registrar of record. Upon the completion of the
transfer process, however, the term of Customer's registration will be
extended by the period for which Customer has paid Tackhosting. Customer
agrees that Tackhosting may charge Customer an additional maintenance
fee in order to maintain Customer's domain name for any term carried over
from the current registrar of record. Upon receipt of a request to transfer
a domain name from another registrar (losing registrar) to Tackhosting,
Tackhosting requires validation of the request from the Administrative
Contact on record at the time of the transfer request. Customer authorizes
Tackhosting to take all actions reasonably necessary to transfer the domain
name(s), including contacting and updating Customer's registration information
with the current registrar of record and the registry. Except as noted
above, Tackhosting will treat Customer's transfer request as an initial
domain name registration and will provide all subsequent domain name services
in accordance with the terms and conditions herein. The term "register"
or "registration," as used in this Agreement, shall be read
to include the transfer of a domain name registration from Customer's
current registrar of record to Tackhosting or its registrar partners.
F. Third-Party Proprietary Rights: Customer shall be solely responsible
for ensuring, and hereby represents and warrants to Tackhosting, that
Customer's domain name does not infringe upon any trademark, trade names,
service mark or other proprietary rights owned by a third party. Customer
agrees to be bound by the terms of the dispute policy adopted by the domain
name registry, and related agreements that Customer will be asked to review
and indicate Customer's acceptance of during the domain name registration
process. In the case of gTLDS (global Top Level Domains, including but
not limited to .com, .net,.org, .biz, and .info), the dispute policy is
the ICANN Domain Name Dispute Policy, which is posted at:
G. Welcome Page. Customer consents to Tackhosting's activation ("parking")
of the registered domain name on a "Welcome Page" containing
a notice indicating the domain is reserved. Such "Welcome Page"
indicates that Tackhosting registered the domain name, and links to Tackhosting's
website. This "Welcome Page" may be replaced by the Customer
when the Customer contracts for Web hosting and posts Customer's own content.
H. Domain name search process. Tackhosting endeavors to make the domain
name availability search process reliable; however, Tackhosting does not
guarantee availability of domain names or the accuracy or security of
the WHOIS system. The registration process is not complete until the domain
name requested by Customer has been registered in Customer's name with
the appropriate registry. Because there are delays in the actual registration
of a domain name with the appropriate registry, Tackhosting is not responsible
if domain names requested by Customer are actually registered to third
I. If Customer has registered a .CO.UK domain name, Customer must also
agree to NOMINET UK's terms and conditions, currently posted at:
6. TERMS OF SERVICE
A. Server Set-Up and Updating: Tackhosting will initially configure the
web server and the hosting account for use. After the hosting account
is configured, Customer will be solely responsible for all account content
B. Maintenance Services: Tackhosting will perform maintenance services
as Tackhosting determines reasonably necessary to maintain the continuous
operation of the hosting account. Customer acknowledges such maintenance
may require Web server and hosting account downtime, and such downtime
will not count against any uptime guarantees. Tackhosting will attempt
to provide prior notice of maintenance downtime except when circumstances
beyond Tackhosting's control limit Tackhosting's ability to do so.
C. Account Usage: Customer shall not use (i) excessive amounts of
CPU processing on Customer's Web server, or (ii) bandwidth or disk usage
in excess of the monthly amount ordered. Customer acknowledges any violation
of this policy may result in corrective action by Tackhosting, in its
sole discretion, including assessment of additional charges or disconnection
or discontinuance of any and all Services to Customer. In the event that
Tackhosting decides to take corrective action, Customer shall not be entitled
to a refund of any fees paid in advance prior to such corrective action.
D. Customer shall be solely responsible for (a) the development, operation,
and maintenance of Customer's Web site and products and all content and
materials appearing within the Web site or related to Customer's products,
including without limitation (i) the accuracy and appropriateness of content
and materials appearing within the Web site or related to Customer's products,
(ii) ensuring that the content and materials appearing within the Web
site or related to Customer's products do not violate or infringe upon
the rights of any third party,
(iii) ensuring that the content and materials appearing within the Web
site or related to Customer's products are not libelous or otherwise illegal;
(b) the final calculation and application of shipping and sales tax; (c)
accepting, processing, and filling any customer orders, and for handling
any customer inquiries or complaints arising therefrom; and (d) the security
of any customer credit card numbers and related customer information Customer
may access as a result of conducting electronic commerce transactions
through the Web server software.
E. IP Address Ownership: Tackhosting and/or Tackhosting's service providers
shall maintain and control ownership of all IP numbers and addresses that
may be assigned to Customer by Tackhosting, and Tackhosting reserves in
its sole discretion, the right to change or remove any and all such IP
numbers and addresses.
F. Caching: Customer grants Tackhosting a license to cache the entirety
of Customer's Web site (including content provided by third parties) hosted
by Tackhosting, and agrees such caching is not an infringement of any
of Customer's intellectual property rights or any third party's intellectual
7. RULES AND REGULATIONS
Tackhosting may impose reasonable rules and regulations regarding the
use of its services from time to time. Customer shall impose such rules
and regulations on its employees and users to the extent necessary to
8. LIMITATION OF TACKHOSTING'S OBLIGATIONS
A. Tackhosting will utilize its best efforts to maintain acceptable performance
of contracted for services, but Tackhosting makes absolutely no warranties
whatsoever, express or implied, including warranty of merchantability
or fitness for a particular purpose. Tackhosting cannot guarantee continuous
service, service at any particular time, or integrity of data stored or
transmitted via its system or via the Internet. Tackhosting will not be
liable for the inadvertent disclosure of, or corruption or erasure of,
data transmitted or received or stored on its system. Tackhosting shall
not be liable to Customer or any of its customers for any claims or damages
which may be suffered by Customer or its customers, including, but not
limited to, losses or damages of any and every nature, resulting from
the loss of data, inability to access Internet, or inability to transmit
or receive information, caused by, or resulting from, delays, non-deliveries,
or service interruptions whether or not caused by the fault or negligence
B. Tackhosting may discontinue servicing any Plan, or may require fulfillment
of conditions Tackhosting may choose to impose as a prerequisite for continuing
to service any Plan. Such discontinuation or requirement may not be unreasonable,
however, and Tackhosting agrees to provide Customer with reasonable notice
via Email or fax of any such intent to discontinue or impose conditions.
C. Services provided by Tackhosting to Customer shall be deemed accepted
for all purposes fifteen days after activation or renewal for such services,
if no written claim or objection regarding such services has been received
by Tackhosting within the 15-day period. No claim related to such accepted
services shall be raised.
D. Tackhosting's liability to Customer, and any end user of any Plan
or other Tackhosting services, is limited to the amount paid to and received
by Tackhosting for services not accepted. In no event shall Tackhosting
be liable to Customer, or any end user or any other entity for any special,
consequential, or other damages, however caused, whether for breach of
contract, negligence or otherwise, even if Tackhosting has been advised
of the possibility of such damage.
E. Customer will take all necessary measures to preclude Tackhosting
from being made a party to any lawsuit or claim regarding Tackhosting
services provided to any Customer or end user. Customer hereby agrees
to indemnify and hold harmless Tackhosting from any and all claims of
whatever nature brought by any of Customer's users against Tackhosting
in excess of the remedy set forth in paragraph 7(D).
F. Where data backup and restoration services are a part of Tackhosting's
provisioning of a service, such services are not intended to be a comprehensive
disaster recovery solution, and Tackhosting or its hosting partners will
not be liable for data loss, or for damage to servers or other equipment.
The parties shall attempt to resolve all disputes arising out of this
agreement in a spirit of cooperation without formal proceedings. Any dispute
which cannot be so resolved (other than the collection of money due on
unpaid invoices) and other than the injunctive relief referred to in paragraph
10 shall be subject to arbitration upon written demand of either party.
Arbitration shall take place in Phoenix, Arizona, or at another location
if the parties so agree. The arbitration shall take place before an arbitration
panel chosen as follows: The parties shall each choose an arbitrator,
and the two arbitrators shall choose a third arbitrator and determine
the third arbitrator's compensation. Each party shall have one veto over
the choice of the third arbitrator. The three arbitrators shall schedule
an informal proceeding, hear the arguments, and decide the matter by secret
majority vote. Unless the arbitrators decide otherwise, each party shall
pay the costs of its own arbitrator, and shall pay half of the other costs
of the arbitration proceeding. Each party shall have the right to have
the proceedings transcribed. The arbitrators shall not have the authority
to award punitive damages or any other form of relief not contemplated
in the contract. The majority of arbitrators shall render a written opinion
setting forth the basis on which they arrived at the decision regarding
each issue submitted to arbitration; the dissenting arbitrator, if any,
shall not issue a dissenting opinion. Regarding each issue submitted to
arbitration, the decision shall be final and binding only to the extent
it is accompanied by a written explanation of the basis upon which it
was arrived at. Judgment upon the award, if any, rendered by the arbitrators
may be entered in any court having jurisdiction thereof.
Should any legal action permissible under this agreement be instituted
to enforce the terms and conditions of this agreement, in particular the
right to collect money due on unpaid invoices, the prevailing party shall
be entitled to recover reasonable attorney's fees and expenses incurred
at both the trial and appellate levels.
10. TERM, TERMINATION:
This agreement shall run in accordance with the term of the initial order.
It shall be automatically renewed on a regular basis in accordance with
the term of the initial order or subsequent change to that term unless
terminated in one of the following ways:
A. By customer, by notifying Tackhosting in writing twenty (20) days
prior to renewal of this agreement.
B. By Tackhosting, upon thirty (30) days' written notice, if Customer
breaches any material and substantial provision of this agreement and
has not cured by the end of the 30 days.
C. By Tackhosting, upon sixty (60) days' written notice, if
1. Tackhosting provides Customer with written notice of the specific
reasons for its belief in this regard, and
2. Customer has not cured by the end of the 60 days.
D. By Tackhosting, immediately upon giving written notice to Customer,
in the event that
1. Any bank draft or check delivered by Customer to Tackhosting in payment
for Products is returned unpaid and Customer fails to remedy such nonpayment
within five business days;
2. Customer becomes more than sixty (60) days in arrears in payment of
its account with Tackhosting;
3. There are instituted bankruptcy or insolvency proceedings against
Customer, which are not vacated within sixty (60) days from the date of
4. Customer institutes voluntary bankruptcy or insolvency proceedings,
or otherwise admits insolvency; or
5. Customer makes an assignment of all or part of its assets for the
benefit of creditors.
E. By Tackhosting immediately, if Customer attempts to assign all or
any part of this Agreement without Tackhosting's prior written approval;
F. By Tackhosting immediately, if Customer fails to inform Tackhosting
in writing immediately on the happening of any event specified in this
G. By Customer, immediately upon giving written notice to Tackhosting,
1. There are instituted bankruptcy or insolvency proceedings against
Tackhosting, which are not vacated within sixty (60) days from the date
2. Tackhosting institutes voluntary bankruptcy or insolvency proceedings,
or otherwise admits insolvency;
3. Tackhosting makes an assignment of all or part of its assets for the
benefit of creditors; or
4. Tackhosting fails to inform Customer in writing immediately on the
happening of any event specified in this section.
The provisions of paragraphs 9, 12, 13, and 14 survive any termination
of this agreement.
Customer's rights and obligations under this agreement may not be transferred
or assigned directly or indirectly without the prior written consent of
Tackhosting, which consent shall not be unreasonably refused.
12. PARTIAL INVALIDITY
If any provision of this agreement is held to be invalid by a court of
competent jurisdiction, then the remaining provisions shall nevertheless
remain in full force and effect. Tackhosting and Customer agree to renegotiate
in good faith any term held invalid and to be bound by mutually agreed
13. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by Tackhosting in Arizona. It
is to be governed by and construed under the laws of the State of Arizona
and the United States of America. The federal and state courts of the
State of Arizona shall have exclusive jurisdiction to adjudicate any non-arbitral
dispute arising out of this agreement. Customer hereby expressly consents
to (1) the jurisdiction of the courts of Arizona and (2) service of process
being effective upon it by registered mail sent to the address set forth
at the beginning of this document, as may be changed from time to time
by written notice actually received by Tackhosting. To the extent permissible
by the law of Customer's jurisdiction, Customer waives any requirement
that service of process or of any documents be made upon it pursuant to
the provisions of the Hague Convention.
Except with respect to service of process as set forth in paragraph 10,
all notices may be sent by email, fax, or express mail to the email address,
fax number, or address most recently provided and will be effective upon
transmission. Evidence of successful transmission shall be retained.
15. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between
the parties and merges all prior discussion between them. Tackhosting
may make changes to this agreement upon thirty (30) days' written notice
to Customer, advising of the change and the effective date thereof. Utilization
of Tackhosting services by Customer and/or its Customers following the
effective date of such change shall constitute acceptance by Customer
of such change(s). Otherwise, this agreement may not be modified except
by the written consent of both parties.
16. ACCEPTANCE OF SERVICES
ACCEPTANCE OF THIS AGREEMENT BY TACKHOSTING MAY BE SUBJECT, IN TACKHOSTING'S
ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND
CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE
TACKHOSTING'S ACCEPTANCE OF THIS AGREEMENT. USE OF TACKHOSTING'S SERVICES
CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS
THAT CUSTOMER HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT.
CUSTOMER FURTHER REPRESENTS AND WARRANTS THAT CUSTOMER IS AT LEAST 18
YEARS OF AGE, AND THAT CUSTOMER IS NOT LOCATED IN A COUNTRY SUBJECT TO
U.S. EMBARGOES, OR LISTED ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY
DESIGNATED NATIONALS, OR LISTED ON U.S. COMMERCE DEPARTMENT'S DENIED PERSONS
LIST OR ENTITIES LIST.
Tackhosting Web Hosting Terms of Service v1.0