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TamOnline
- Terms and
Conditions
The
following Terms and Conditions must be Read and Accepted by
TamOnline
Customers who are willing to be provided with any of the listed Internet
services in the
TamOnline
Website BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND / OR REGISTERING
FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREED
TO BE BOUND BY THESE TERMS AND CONDITIONS:
TamOnline
reserves the right to modify the below stated Terms and Conditions at
anytime. Customers will be notified by e-mail if any modifications take
place, the continued use of
TamOnline's
Web Hosting service after e-mail notification automatically constitutes
your acceptance of the modified terms and conditions.
1. Provision of services
- Service means ANY act of serving the Customer, being provided by
TamOnline,
regardless of its duration.
-
TamOnline
will provide services listed in its services section in the
TamOnline
website to individual Customers in exchange for payment of fees and
compliance with the terms and conditions of this document.
- The Customer of web hosting, domain name registration, web design,
software, and other services provided by
TamOnline
define
TamOnline
Services as the use.
- For existing Customers only,
TamOnline
will publish a notice of fee increases 30 days before such increases take
effect.
2. Use of Services
- The Customer agrees to maintain a secure password to the account. Secure
passwords are those that are between 6 and 8 characters long, contain
upper and lower case letters, and numbers or other characters, and can not
be found in direct or reverse order in a dictionary, without regard to the
language of the dictionary. No one, including
TamOnline
employees have the right to know your password.
- The Customer agrees to use the services provided by
TamOnline
as permitted.
- The Customer agrees, therefore, not to use these services to conduct any
business or activity or solicit the performance of any activity that is
prohibited by law.
-
TamOnline
reserves the right to refuse service to any new or existing Customers and
refund the remaining balance on the account, if any.
- The Customer is solely responsible for any legal liability arising out
of, or relating to, his/her web site at
TamOnline.
The Customer represents and warrants to
TamOnline
that it holds the necessary rights to permit the use of any of the items
on his/her web site, and, that the use, reproduction, distribution,
transmission or display of any data to the public, and any material to
which the public can link through, or any products of services made
available to the public through his/her web site, will not violate any
criminal laws or any rights of any third parties, including, but not
limited to, such violations as infringement or misappropriation of any
copyright, patent, trademark, trade secret, music, image, or other
proprietary or property right, false advertising, unfair competition,
defamation, business or personal dispute or argument, invasion of privacy
or rights of celebrity, violation of any anti discrimination law or
regulation, or any other right of any person or entity, or any personal or
business argument or dispute; or contain any material that is: unlawful,
harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar,
obscene, profane, hateful, racially, ethnically, disputatiously,
argumentatively or otherwise objectionable, including, without limitation,
any material that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any applicable
local, state, national or international law.
- Customer agrees to indemnify and to hold
TamOnline,
and any third party entities related to
TamOnline,
harmless from and against any and all liability, loss, damages, claims, or
causes of action, including reasonable legal fees and expenses arising out
of or related to:
ú The Customer's breach of any of the forgoing representations and
warranties, or
ú Any other third parties claim with respect thereto.
- The Customer understands and agrees that hosting of the Customer's web
site is at the sole discretion of
TamOnline.
TamOnline
may at its sole discretion discontinue web site hosting service to any
Customer operating a web site that
TamOnline
deems to be in violation of these Terms and Conditions.
3. Indemnification
The
Customer agrees to indemnify and hold
TamOnline,
its Executives, Directors, Officers, Managers, Employees, Consultants and
Agents, harmless from any claims, including attorney's fees, resulting
from the Customer receiving
TamOnline
services, which cause direct or indirect damage to another party.
4. LIMITED LIABILITY
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO
LEGAL THEORY SHALL
TamOnline
BE LIABLE TO THE Customer FOR ANY BUSINESS LOSS, REVENUES DECREASE,
EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY
KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF
TamOnline's
SERVICES, EVEN IF
TamOnline
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
TamOnline's
LIABILITY EXCEED THE MONTHLY FEE PAID BY THE Customer. THIS LIMITATION OF
LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF
TamOnline's
SERVICES.
5. Payment of fees and penalties
The
TamOnline
accounting cycle begins on the 1st of each month. Charges for new accounts
are prorated. Charges for terminating accounts are not prorated.
Service payments will be submitted in advance of receiving services. The
starting date of the bilabial period will be the earliest of - the day we
receive the electronic order form, the day Customer signs up via fax.
The Customer acknowledges that he/she is responsible to initiate a payment
in order to renew his/her service once the original service-period was
ended.
Payment is due at beginning of each accounting cycle.
Delinquent accounts are those that remain unpaid 5 days after beginning of
accounting cycle.
Accounts that are delinquent are put on "accounting hold" and may not be
used. Accounts that are unpaid for a whole accounting cycle automatically
have their files archived. Accounts that are unpaid for 2 accounting
cycles have their files purged.
TamOnline
accounts continue to accrue charges while they are on hold.
There is a service re connection charge equal to one half the currently
charged set-up fee to remove accounts from accounting hold status.
The Customer acknowledges responsibility for the account until payment in
full is made.
6. NOT-TO-RENEW Requests
For
Customers that pay on a MONTHLY basis ONLY - "NOT-TO-RENEW" requests for
TamOnline
accounts must be given via e-mail to
TamOnline.
(E-mail available on the contacts section of
TamOnline's
website).
For Customers that pay on a NON-MONTHLY basis (3, 6 and 12 months) ONLY -
"NOT-TO-RENEW" requests for
TamOnline
accounts must be given via e-mail to
TamOnline.
(E-mail available on the contacts section of
TamOnline's
website). in order to be processed before anniversary date. This will
prevent an automatic renewal and charge).
All
TamOnline
accounts must be paid in full before the transaction will be considered
complete.
Cancellations will NOT generate ANY refund.
7. Abuse of Services
Any
use of
TamOnline
system resources that disrupts the normal use of the system for other
TamOnline
Customers is considered to be abuse of system resources and is grounds for
administrative intervention. Some examples of system abuse include
spawning dozens of processes, consuming excessive amounts of memory or CPU
for long periods of time, spamming or mass emailing using internal or
external mail and/or news servers. Without limiting the scope of the
above,
TamOnline
forbids the storage of illegal/pirated software (wares), the use of any
type of IRC bot and/or proxy (including, but not limited to, bnc and egg
drop), the storage and use of any type of software intended for
hacking/cracking purposes and the storage or sale of bulk e-mail lists
intended for spamming or resale purposes.
Depending on the nature and the severity of the abuse, the user may
receive an E-mail warning or have their account suspended by
TamOnline
Technical Support. If the misuse is unintentional, the suspension may be
rescinded following discussion with
TamOnline
Technical Support. If the misuse is intentional, the suspension may be
rescinded at the discretion of the Operations Manager, and may require the
payment of a service re connection charge. Occasionally, unintentional
misuse is misclassified as intentional misuse. Customers who believe their
activity has been misclassified may appeal to the Operations Manager.
Violations of any of the
TamOnline
conditions of use are unethical and may be criminal offenses. You are
expected to report to
TamOnline
any information you may have concerning instances in which the conditions
of use have been or are being violated. When
TamOnline
becomes aware of possible violations, we will initiate an investigation.
At the same time, in order to prevent further possible unauthorized
activity,
TamOnline
may suspend access to services to the individual account in question.
Confirmation of violations may result in cancellation of the individual
account and/or criminal prosecution.
8. Assignment
The
rights and liabilities of the parties hereto will bind and inure to the
benefit of their respective successors, executors and administrators, as
the case may be, provided that the Customer may not assign or delegate its
rights and obligations under his business relationships with
TamOnline,
either in whole or in part, without the prior written consent of
TamOnline.
TamOnline
may assign its rights and obligations under this Agreement to a third
party in connection with a merger, consolidation, and sale of all or
substantially all of
TamOnline's
assets or other corporate reorganization.
9. Governing Law/Severability
Any Agreement, arising from the business relationships between
TamOnline
and the Customer, will be governed by and construed in accordance with the
laws of the Arab Republic of Egypt, without reference to its conflicts of
laws principles.
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