Terms and Conditions

Web Hosting is available today and can be setup within 7 days time for current compatable sites. Site conversion, updates and programming are performed on a contract basis. Free estimates and free site evaluation are dependant on staff availablility. Please contact us directly for estimates.

TCD Web (hereby called "The Service Provider") is a host of personal and business World Wide Web pages. The goal of TCD Web is to provide you with the best service possible for an enjoyable Internet experience. These Terms and Conditions are designed to keep TCD Web and the Internet enjoyable and useful for all of our subscribers. TCD Web is committed to and supports the free flow of information and ideas over the Internet. TCD Web does not actively monitor nor does TCD Web exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over TCD Web services. However, TCD Web reserves the right to remove any materials TCD Web does become aware of that are, in TCD Web's sole discretion, potentially illegal, could subject TCD Web to liability, or violate this policy. The use of The Service Provider is subject to the following terms and conditions.

TCD Web may amend this agreement on an as needed basis by placing an update of this policy on its web site, and your continued use of The Service Provider following each updated posting shall be deemed to be your acceptance of any such modification. Furthermore, it is your responsibility to monitor the "Terms" page of The Service Provider regularly to determine whether the terms and conditions have been modified. If changes to terms and conditions or pricing have been made, these changes will take effect on the date of Client's contract renewal. If you do not agree with the Terms and Conditions of The Service Provider or any modifications or changes to this Agreement, you must immediately stop using The Service Provider.

All content located on the site of or developed by The Service Provider is copyrighted, and all rights are reserved. Information provided to or developed by The Service Provider is intended for the strict use of The Service Provider and may not be transferred. You may save to disk or print out individual or selections of information contained within The Service Provider for your own use, provided that you do not collect multiple small selections for the purpose of replicating or copying all or substantial portions of The Service Provider.

Terms of Contract

I. FINANCIAL ARRANGEMENTS

Client agrees to the contract for the length specified, beginning upon TCD Web's receipt by Facsimile, e-mail, or express mail. Client agrees to pay TCD Web for services rendered pursuant to the payment schedule.

1. Payment. All services are billed and to be paid in advance, being due on or before the start of service or beginning of renewal period.

a. First payment shall be due upon receipt of agreement.
b. Contract takes effect on the date of receipt of payment.
c. Any changes made to the Client's package (e.g. extra traffic charges, additional server space, additional e-mail accounts) shall be billed accordingly.

2. Renewal. This agreement will automatically renew for identical successive periods unless canceled in writing or modified by client prior to the renewal date. Client will receive an invoice for charges and payment is due upon receipt of invoice. Rental services will automatically renew for a period of three months at the end of the contract period and at the end of each subsequent renewal term.

3. Cancellation. Either the Client or TCD Web may cancel this renewal at any time up to 30 days prior to the end of the current renewal period. However, TCD Web reserves the right to cancel any contract with 30 days notice, regardless of circumstances.

a. Written notice of client cancellation is required; such notice has to be mailed by U.S. Postal Service or other courier and is received in our office prior to or not later than 30 days prior to the end of the current rental period. Notice by email or facsimile does not suffice.

4. Non-Renewal/No-Notice Penalty. Absent the receipt and acceptance of client’s termination notice (per the above guidelines), if full payment for renewal of service is not received within 10 days after the date of renewal of web hosting services, Client's account will be terminated and a penalty fee equal to one (1) month's rental will be collected. For annual renewals such as Domain Name services, a one-time penalty of USD $25 will be collected from Client if past due 10 days on renewal and a termination notice is not received.

5. Acceptance. All orders are subject to acceptance by The Service Provider. An order will be deemed accepted by TCD Web when confirmation of the order is sent to Customer. TCD Web may refuse to accept any order, or delay acceptance awaiting completion of conditions TCD Web may choose to exercise. Such refusal of such conditions may not be unreasonable, however, and TCD Web agrees to provide Customer with reasonable notice by Email or Facsimile of any intent to delay or decline the acceptance of any order.

6. Suspension. TCD Web reserves the right to suspend the customers account and services without notice should there be any problems with the customers method of payment. This includes expired credit cards, declined credit cards, inactive credit cards, and invalid checks. Failure to remit payment, within 30 days of invoice date may, at the discretion of TCD Web, result in a Delinquent Status for the client, which may include any/or all sections of Article VII TERMINATION of these terms.

II. TAXES

TCD Web shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or TCD Web's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with any such products or services sold.

III. MATERIALS, PRODUCTS AND CONTENTS

1. TCD Web will exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites. TCD Web makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. TCD Web also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the Client. TCD Web is not responsible for any loss, erasure, or corruption of Client's data or files whatsoever. Use of any information obtained by way of TCD Web is at the Client's own risk, and TCD Web specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of connection to TCD Web and does not represent guarantees of available end-to-end bandwidth. TCD Web expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. TCD Web specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "Server-ready", TCD Web may, at its option and at any time, reject this material, including but not limited to after it has been put on TCD Web's Server. TCD Web agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of The Service Provider. If the Client fails to modify the material, as directed by TCD Web, within a reasonable period of time, which shall be determined by TCD Web, the Agreement shall be terminated. Client agrees that TCD Web is in no way whatsoever responsible nor knowledgeable nor bears oversight responsibility regarding Client's content on TCD Web's servers.

IV. TRADEMARKS AND COPYRIGHTS

The Client warrants that it has the right to use the applicable trademarks, if any, and grants TCD Web the right to use such trademarks in connection with TCD Web's service. The Client agrees to hold TCD Web free of blame and/or any liability following the Client's actions and/or abuse of any U.S. or International copyright/trademark violation caused or perpetuated by Client's content on TCD Web's servers. The Client agrees that TCD Web is in no way whatsoever responsible nor knowledgeable nor bears oversight responsibility regarding the Client's content on TCD Web's servers.

V. NETIQUETTE AND ON-LINE CONDUCT

1. The network resources of TCD Web may not be used to impersonate another person or misrepresent authorization to act on behalf of others or The Service Provider. All messages via TCD Web should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or postings. Users may not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access to said networks. Clients may not use TCD Web's server for mass e-mail or "spamming" purposes. Clients attempting to or accused of distributing unsolicited commercial mail (UCM) from The Service Provider network will be terminated immediately at The Service Provider’s own discretion, without refund or opportunity for contract arbitration. The distribution of or attempt to distribute UCM shall be considered a violation of the terms and agreements established by the contract, therefore rendering the contract invalid. Services affected, up to and including all web hosting services may be terminated immediately and without notification.

2. TCD Web may impose reasonable rules and regulations regarding the use of its services. Customer shall impose such rules and regulations on its visitors to the extent necessary to ensure compliance. The resale or leasing of space within a site contained on TCD Web's servers is strictly prohibited.

3. TCD Web may discontinue servicing any Plan, or may require fulfillment of terms or conditions. TCD Web may choose to impose as a prerequisite for continuing to service any such Plan. Such discontinuation or requirement may not be unreasonable, however, and TCD Web agrees to provide Customer with reasonable notice by Email or Facsimile of any such intent to discontinue or impose certain conditions except where stated above and where client’s actions/content damages The Service Provider’s network or systems, or is potential for liability of The Service Provider.

4. TCD Web's services may not be used for illegal purposes, or in support of illegal activities. TCD Web reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Activities which are prohibited as potentially illegal include, but are not limited to:

Unauthorized copying of copyrighted material including, but not limited to:

Digitization and distribution of photographs from magazines, books, or other copyrighted sources, and copyrighted software.
Posting or e-mailing of scams such as 'make-money-fast' schemes or 'pyramid/chain' letters.
Threatening bodily harm or property damage to individuals or groups.
Making fraudulent offers of products, items, or services originating from your account.
Attempting to access the accounts of others, or attempting to penetrate beyond security measures of our or other systems (referred to as hacking) whether or not the intrusion results in corruption or loss of data.
Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same e-mail address.
Forging any message header, in part or whole, of any electronic transmission, originating or passing through TCD Web services.
Distributing viruses to or from TCD Web systems.

5. Bulk email sent through a mail service external to our system cannot contain an email address or a domain name that is hosted by The Service Provider. This generally results in complaints being forwarded to our administrative staff and will be cause for immediate account termination or suspension without prior notification.

VI. CHARGES FOR SPACE AND SERVER TRAFFIC ABOVE AND BEYOND THAT WHICH ARE ALLOCATED IN CLIENT'S HOSTING PLAN

Client agrees that it will be charged and will remit payment for extra server traffic pursuant to the web site hosting package that Client has selected. Said charges will be prorated and will appear on the following invoice. Charges for excess server traffic are posted in the hosting section of http://www.TCDWeb.com. Client agrees that it will be charged and will remit payment for extra server storage space and extra e-mail accounts pursuant to the web site hosting package that Client has selected. Said charges will be prorated and appear on the following invoice. Charges for extra server storage space and extra e-mail accounts are separate increases and subject to change. All charges will be invoiced to the client.

VII. TERMINATION

1. This Agreement may be terminated by TCD Web, without cause, by giving the other party 30 days notice via e-mail or Facsimile, except in cases involving the client's failure to remit payment, late payment or the Clients' Delinquent Status as covered in Article VII subsection 2. In such event, TCD Web will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, TCD Web may terminate the service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement or fails to remit payment within 30 days. It is the clients responsibility to point his/her domain to another service provider upon termination, cancellation or discontinuation of service. Upon termination for violation of these terms or at TCD Web’s discretion, no services will be performed for the client and all data or web materials will be copied to disk and mailed to the client’s most current address in TCD Web’s data store within 30 days.

2. Non-payment or late payment of invoices, occurring more than once in a 12-month period will result in a Delinquent Status for the client. Upon notification in writing by TCD Web, of the Clients' Delinquent Status, all payments must be made with 15 days of the invoice date (the 15th day of the month) or the client's site will be disabled until payment is received at the office of TCD Web. Delinquent Status, which does not require acceptance by the client, invokes the early payment option at the discretion of TCD Web and can only be removed by TCD Web. Failure to pay and/or Delinquent Status notification results in the forfeiture of client rights under Article XI DISPUTES of these terms and may, at the discretion of TCD Web, also result a delay, or non-return the client's data or web materials, as stated in Article VII TERMINATION, until such time as the entire outstanding debt owed to TCD Web is received at TCD Web. The client's arbitration forfeiture for non-payment or late payment of invoices is non-negotiable and at the complete discretion of TCD Web only.

3. TCD Web offers a 30-Day money back guarantee for its services. This guarantee excludes any setup fees or installation charges by TCD Web.

VIII. LIMITED LIABILITY

1. Client expressly agrees that use of TCD Web's Server is at Client's sole risk. Neither TCD Web, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that TCD Web's Server service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through the TCD Web Server service, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall TCD Web, its offices, agents or any one else involved in creating, or distributing TCD Web's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the TCD Web Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to TCD Web's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on TCD Web's Server service.

IX. INDEMNIFICATION

Client agrees that it shall defend, indemnify, save and hold TCD Web harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against TCD Web, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless TCD Web against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with TCD Web's Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on TCD Web Server.

X. 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. TCD Web and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision, with the exception of failure to remit payment within 30 days.

XI. DISPUTES

The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. 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 only in Chicago, Cook County, State of Illinois. The arbitration will take place within the laws of the Illinois Arbitration Agreement, or if not applicable, 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 pay. 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 will 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 will 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.

Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, TCD Web shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.

XII. NOTICES All notices may be sent by email, Facsimile, or express mail to the email address, Facsimile number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.