TERMS OF SERVICE
Welcome to TCPGuard.com (“Site”)
By accessing the Site, you affirm your comprehension of the Terms and Conditions, and you consent to be bound by these Terms and Conditions with immediate effect. In the event that you don’t consent to these Terms and Conditions of utilization, you will not utilize this site. The Site claims the authority, to change, alter, include, or remove segments of these Terms and Conditions of utilization whenever. Changes will be compelling when posted on the Site with no other notice provided. It would be ideal if you check these Terms and Conditions of utilization consistently for updates. Your continued use of the Site following the posting of changes of these Terms and Conditions of utilization establishes your acknowledgment of those changes.
By subscribing to any of the Services and opening an account with us (“the Account”) you (“the Customer”) agree to be bound by these terms and conditions. These terms and conditions apply to all TCPGuard Network accounts. They set out the basis on which we offer our services and should be read carefully.
2.1 TCPGuard will use reasonable efforts to supply a continuous service. However, TCPGuard is not liable for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer. TCPGuard is not responsible for any losses suffered resulting from acts of god or force majeure including civil unrest, riots, floods, drought, fire, war and imposing legislation.
2.2 You agree that TCPGuard is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. TCPGuard is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the Customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of EU or other applicable law.
2.3 TCPGuard customers are liable for all charges levied by their telephone service provider arising from the Customer’s use of the Services.
2.4 From time to time TCPGuard or its sub-contractors need to carry out maintenance on the network, which may involve temporarily shutting parts of it down. TCPGurad will give as much notice as possible and shall try to keep this work to the period specified in the notice. TCPGuard accepts no liability whatsoever arising from such a suspension of the service.
2.6 YOU acknowledge and agree that details of YOUR name, address, telephone and fax numbers together with email address(es) and assigned IP Addresses may be released to the RIPE NCC to ensure that both WE and YOU fulfil their obligations under prevailing RIPE policies and that such data may be published in whole or in part in the RIPE WHOIS database.
2.7 License costs of all third party applications and software offered with our plans are subject to change without written intimation.
2.8 TCPGuard reserves the right to pass on any additional charges/price increases as a result in price changes from third party software and license vendors irrespective of the hosting cycle.
3. Server / Resource / Staff Abuse
3.1 You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited and that we take no responsibility for the use of our clients’ accounts.
3.2 If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
3.3 If you operate any site using what we deem to be excessive CPU cycles or any resources that cause strain to other sites, we reserve the right to impose new terms on you in exchange for the current terms that you enjoy (i.e. an upgrade). You are allowed to use up to 25% of total resources available on a shared server and if your account continues to use more than 25% of the resources, it will result in suspension.
3.4 Denial of Service (DOS) attacks directed at TCPGuard, or any attempts to launch a DOS attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of your Account.
3.5 TCPGuard reserves the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web servers’ overall health and performance.
3.6 If you are in any way disrespectful towards any member of the TCPGuard staff we have full right to terminate your account with us without any refund.
4.1 If your account exceeds the bandwidth limit, we will inform you. If you do not wish to purchase extra bandwidth or upgrade your Account and continue to exceed the limit, the Account shall be suspended until you demonstrate to us that you have taken measures to ensure that the limit won’t be exceeded again or upgrade your account, whichever is earlier. The Account will be reactivated in the following month.
4.2 We provide unlimited connectivity for our Windows Shared packages. Unlimited connectivity means that we do not accurately record and then enforce the bandwidth usage of your site unless it is deemed to be using an excessive amount. An excessive amount is classed as using more than 15% of the total bandwidth to said Shared node for an individual account. When such events occur, we reserve the right to immediately suspend service if the level of use is at risk of causing a disruption to other users. In other cases, we will attempt to communicate with you to discuss said usage. We reserve the right to charge additional fees if the normal usage of your site frequently exceeds this usage. If said charges are not acceptable to you, we will attempt to provide a reasonable time frame for you to move services.
5. Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)
5.1 You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund. TCPGuard would be the sole arbiter as to what constitutes a violation of this Clause.
5.2 You agree and understand that we have set a limit of 100 outgoing emails per hour on windows shared and reseller hosting, 300 outgoing emails per hour on linux shared and reseller hosting, 500 outgoing emails per hour on VPS Hosting, 1000 outgoing emails per hour on Cloud Hosting and 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.
6. Cancellations & Refunds
6.1 TCPGuard reserves the right to suspend OR terminate services on receipt of abuse complaints.
15.2 An unconditional 30-day money back guarantee is offered for managed shared hosting and reseller hosting. If they contain additional items such as: dedicated ip, advanced ddos protection or website transfer, they are exempt from refund. Domain registration fees, ip dedicated alocated, vpn services, proxy,services ddos protection,ddos protection fees,addon fees, addon services, vps/vds & dedicated server packages do not come under the purview of this guarantee. Refund requests after 30 days will be refunded on a prorated basis of any unused time.
6.3 Only first-time accounts are eligible for a refund. If you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
6.4 There will be no refund for new domain registrations, ip dedicated , proxy web , vpn service, ID Protect, WHM/CPanel, Plesk, VPS & Dedicated Server, vRack, Anti-DDoS,License, RDP, SSL Certificates and Site Builder as these are purchased from External Vendors & TCPGuard does not get any refund in case of cancellation of those mentioned in the paragraph.
6.5 Any service interruptions or downtime due to scheduled maintenance by TCPGuard or our network providers will not count towards the uptime guarantee. TCPGuard is not liable in any way for failure of third party services.
6.6 Should you cancel your hosting before the renewal date or wish to transfer your domain name to another service provider during it’s registration period, domain registration/transfer charges will be payable before such action is completed.
7. Modification of Terms of Service
TCPGuard reserves the right to modify or change these terms of service at all times. All customers are bound by the latest terms of service published on this website.
8.1 We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.
8.2 We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.
8.3 We reserve the right to terminate any account where the account holder advises that they have or are about to initiate legal proceedings against TCPGuard. Notice will be given advising the scheduled termination date, allowing clients to move to a new provider and take any backups. The previous months refund will also be refunded upon termination.
How we collect personal information
- We collect personal information directly when you provide it to us, automatically as you navigate through the Sites, or through other people when you use services associated with the Sites.
- We collect your personal information when you provide it to us when you complete membership registration and buy or provide items or services on our Sites, subscribe to a newsletter, email list, submit feedback, enter a contest, fill out a survey, or send us a communication.