|
Refund Policy
TNR
GLOBAL, LLC
TERMS OF SERVICE
TNR Global's primary objective is to value and support
our subscribers to the best possible. Our management and staff
will provide the high level of attention and dedication to all
of our subscribers.
In pursuit
of our primary objective, TNR Global agrees to deliver the
agreed upon services, as declared in the “New Account”
confirmation, to our customers at the time of purchase, subject
to the following Terms of Service (hereafter referred to as
TOS).
In addition, the use of TNR Global's service(s) by a subscriber
constitutes an unconditional acceptance of and agreement to
TNR Global's TOS. TNR Global reserves the right to change
or modify the TOS at any time without notice.
I.
100% 30-Day Money-Back Guarantee
TNR
Global proudly offers its subscribers a "30-Day Money
Back Guarantee.” This guarantee allows subscriber to
purchase TNR Global’s 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 and domain registration costs. Terminated accounts
are not eligible for this guarantee if the termination occurred
due to a violation of this TOS.
This guarantee can be requested at anytime within the 30 days
of the commencement of service if subscriber is not satisfied
with TNR Global’s services. If the 30-day service of
the subscription has been exceeded, subscriber is not eligible
for this guarantee. A request for this guarantee must be submitted
via TNR Global’s “Contact Us” form located
at this URL:
http://www.tnrsites.com/contact.html.
If requesting a refund, we ask that subscriber briefly explains
the reasons for doing so, as well as
II.
Price-Freeze Guarantee
TNR
Global proudly offers its subscribers a "Price-Freeze
Guarantee." This guarantee allows subscriber to use TNR
Global’s services with full confidence and zero-risk.
TNR Global guarantees that it will never increase monthly
fees for existing subscribers of any service plans. This guarantee
is effective upon the start of a subscription. Immediately
after the order-process is completed, a price-lock will be
established on the subscription and the price cannot increase
for the existing subscription with the existing service plan.
Subscriber is aware that TNR Global may proactively change
the specified rates and charges from time to time, with any
new rate or changed pricing be exclusively effective for new
subscribers or service plan changes. Subscriber is aware that
rates and offers can change upon service plan modification
or new account subscription and may or may not be available
for purchase at any time in the future. However, existing
subscriptions will establish a price-lock for their service
plan upon sign-up and will not be affected by changed pricing
or offers.
III.
99.9% Uptime Guarantee
TNR
Global guarantees that your website will be up and running
at least 99.9% of the time during any 12-month period. This
guarantee includes network uptime, server uptime, web server
and service uptime. It does not cover any areas where TNR
Global has no direct influence, such as backbone provider
failures, fibre-optic main line cuts, DNS or Registrar issues
with subscriber’s domain name, routing issues between
subscriber location and TNR Global data center. The uptime
guarantee is also not applicable if the service interruption
was caused by external issues such as Acts of God, Wars or
any other natural or unnatural events that TNR Global cannot
directly influence.
IV.
Prohibition of Illegal Content
Subscribers
of TNR Global’s services are prohibited from storing
or posting any illegal content, images, and/or links to illegal
content.
V.
"Fair-Use" Resource Assignment
TNR
Global offers unlimited disk space and unlimited other resources,
such as email or FTP accounts, or a great amount of each one
of these resources with certain plans. These resource and
disk space allotments are optimized and dedicated towards
serving web documents and self-need email / FTP services and
are not to be used as offsite storage area for electronic
files, or as a provisioning service for third party email
or FTP hosts. All your downloadable files or files stored
on the server have to be available for download via a HTML
document stored on the Internet in a publicly or privately
accessible area. This policy only applies to web sites who
are considered to be abusive in service, disk space or resource
consumption and where it is evident that the "fair-use"
of resources among customers has been breached, particularly
in regards to disk space utilization. Web sites that are found
to contain either/or no html documents, a large number of
unlinked files are subject to warning, suspension or cancellation
at the sole discretion of TNR Global. If a "Fair-Use"
breach occurs, TNR Global may have to remove files from the
subscriber's account in order to restore full serviceability
to other subscribers affected by the breach. In any case,
the subcriber will be notified of any actions that TNR Global
may have to take.
VI.
SPAM and Unsolicited Commercial Email (UCE)
TNR
Global takes a zero tolerance approach to the sending of Unsolicited
Commercial Email (UCE) or SPAM through our network and services.
Customers of TNR Global may not use, or permit others to use,
our network to partake in UCE distribution. Customers of TNR
Global may not host or permit hosting of sites or information
that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy,
TNR Global will initiate an immediate investigation. During
the investigation, TNR Global may restrict customer access
to the network to prevent further violations. Subscriber will
thereafter be advised of the situation. If a subscriber is
found to be in violation of this TOS, TNR Global may, at its
sole discretion, unilaterally restrict, suspend or terminate
the violating customer's account. Further, TNR Global reserves
the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation.
TNR Global will notify law enforcement officials if the violation
is believed to be a criminal offense.
VII.
Payment
Establishment
of this service is dependent upon receipt of payment of stated
charges by TNR Global. Subsequent payments are due on the
anniversary date of the month for that month's service or
whichever is the selected billing cycle.
VIII.
Failure to Pay
TNR
Global may temporarily deny or terminate service upon the
failure of the subscriber to pay the charges when due. Such
termination or denial will not relieve the subscriber of responsibility
for the payment of all accrued charges and any collection
fees.
IX.
Account Cancellation
A
subscriber may cancel his account at any time online via his
account control panel’s “Billing Options.”
If requesting a cancellation, we ask that subscriber briefly
explains the reasons for doing so, as well as any suggestions
on how TNR Global could improve service. The cancellation
will take effect immediately and the subscriber’s account
will remain active until the end of the subscription. Account
resumption is possible with one click from the same menu,
in case you should redecide.
X.
Subscriber Acknowledgement
Subscriber
acknowledges that the service provided is of such a nature
that the service can be interrupted for many reasons other
than the negligence of TNR Global and that damages resulting
from any interruption of service are impossible to ascertain.
Therefore, subscriber agrees that TNR Global shall not be
liable for any damages arising from such causes beyond the
direct and exclusive control of TNR Global. Subscriber further
acknowledges that the TNR Global’s liability for its
own negligence may not in any event exceed an amount equivalent
to charges payable by subscriber for services during the period
damages occurred. In no event shall TNR Global be liable for
any special or consequential damages, loss or injury.
XI.
Change of Nameservers
In
cases of new hosting accounts or additions / modifications
to hosted domain names or any other cases which involve the
change of nameservers of a domain from other DNS servers to
TNR Global's DNS servers, there may occasionally be a delay
of several days, weeks or longer depending on the accessibility
of control options at the respective registrar of the domain
name registration. It is possible that if the registrar (or
the entity having control over the domain registration) is
not cooperative, the domain nameservers can not be changed
at all. Due to the unpredictable nature of the nameserver
change process, no guarantees are made regarding the amount
of time a specific change may take. On customer request, nameserver
change of domain names is done by TNR Global on behalf of
the account holder. In such cases, a successful change of
nameservers cannot be guaranteed in any way or fashion as
it solely depends on the accessability or cooperation by the
domain name registration’s registrar.
XII.
Support Boundaries
TNR
Global provides technical support to its subscribers. We limit
our technical support to our area of expertise. The following
is our guideline when providing support: TNR Global provides
support related to your service plan’s features’
physical functioning. TNR Global does not provide technical
support for the subscriber’s customers.
Before asking for the technical support, we encourage you
to check the FAQ Section available at http://www.tnrsites.com/mainfaq.php
first. If FAQ Section does not address your specific question
(s), contact TNR Global Customer Support at support@tnrglobal.com.
XIII.
Network
A.
IP Address Ownership
If
TNR Global assigns a subscriber an IP address for use with
the subscription, the right to use that IP address shall belong
only to TNR Global and the subscriber shall have no right
to use that IP address except as permitted by TNR Global.
TNR Global shall maintain and control ownership of all IP
numbers and addresses that may be assigned to subscribers
by TNR Global. TNR Global reserves the right to change or
remove all such IP numbers and addresses in its sole and absolute
discretion, at any time.
B. Bandwidth and Disk Usage
Subscriber
agrees that bandwidth and disk usage shall not exceed the
maximum number of megabytes per month for the service plan
subscribed by the customer (“Agreed Usage”). TNR
Global will monitor subscriber’s bandwidth and disk
usage. TNR Global shall have the right to take corrective
action if subscriber’s bandwidth or disk usage exceeds
the Agreed Usage. Such corrective action may include the assessment
of additional charges, disconnection or discontinuance of
any and all services, or termination of this Agreement, which
actions may be taken is in TNR Global's sole and absolute
discretion, at any time deemed necessary by TNR Global. If
TNR Global takes any corrective action under this section,
subscriber shall be entitled to a pro-rated refund of any
fees paid in advance prior to such action. In any cause, subscriber
will be warned of approaching or exceeded resource limits
via email by TNR Global’s automated notification system.
C.
System and Network Security
Subscribers
or any network users are prohibited from violating or attempting
to violate the security of TNR Global’s network or any
and all components there in. Violations of system or network
security may result in civil or criminal liability. TNR Global
will investigate occurrences which may involve such violations
and may involve and cooperate with law enforcement authorities
in prosecuting subscribers who are involved in such violations.
These violations include, but are not limited to:
1.
Accessing data not intended for such subscriber or logging
into a server or account, which such subscriber is not authorized
to access.
2.
Attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures
without proper authorization.
3.
Attempting to interfere with service to any subscriber, host
or network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing."
4. Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
5.
Taking any action in order to obtain services to which subscriber
is not entitled.
XIV.
Notification of Violation
TNR
Global is under no obligation or duty to constantly view each
subscriber's activities to determine if a violation of this
TOS has occurred. Accordingly, we do not assume any responsibility
through our TOS to monitor or police Internet-related activities.
TNR Global will only investigate suspicious activities if
they are deemed to violate this agreement or to harm any part
of the services, network or other subscribers. If a subscriber
is found to be in violation, the following steps are taken:
1.
First violation: Any Subscriber, which TNR Global determines
to have violated any element of this TOS shall receive an
email warning them of the violation. Subscriber’s service
is subject to a temporary suspension at TNR Global's discretion
pending a subscriber's agreement in writing to refrain from
any further violations.
2.
Second violation: Subscribers, whom TNR Global determines
to have committed a second violation of any element of this
TOS shall be subject to immediate suspension or termination
of service without further notice.
NOTE: TNR Global reserves the right to drop the section of
IP space involved in SPAM or Denial-of-Service complaints
if it is clear that the offending activity is causing great
harm to parties on the Internet. In particular, if open relays
are on your network or a customer's network or if denial of
service attacks are originating from your network. In certain
rare cases, we may have to do this before attempting to contacting
the subscriber. TNR Global will contact the subscriber as
soon as it is feasible.
XV.
Suspension of Service or Cancellation
TNR
Global reserves the right to suspend network access to any
subscriber if in the judgment of TNR Global, the subscriber‘s
account is the source or target of a violation of any of the
terms of the TOS, or for any other reason which TNR Global
deems necessary.
If inappropriate activity is detected, all accounts of the
subscriber in question will be deactivated until our investigation
is complete. Prior notification to the subscriber is not assured.
In extreme cases, law enforcement will be contacted regarding
the activity. The subscriber may not be credited for the time
the subscriber’s machines were suspended if the subscriber
is found to be at fault.
XVI.
Miscellaneous Provisions
Subscriber
must provide TNR Global real and current contact information
at all times. E-mail address, telephone and fax contacts are
used, and in that order of preference.
TNR Global takes no responsibility for any material placed
on its network by others. TNR Global is not responsible for
the content of any other websites linked to. Links to other
sites are provided as Internet navigation tools only. TNR
Global disclaims any responsibility for any inappropriate
use and any liability to any person or party for any other
person or party's violation of this policy.
XVII.
Disclosure to Law Enforcement
The
TOS specifically prohibits the use of our service for illegal
activities. Therefore, subscriber agrees that TNR Global may
disclose any and all subscriber information including assigned
IP numbers, account history, account use, etc. to any law
enforcement agency that requests such information, provided
they posses the proper court-approved warrant, without consent
or notification to the subscriber.
XVIII.
Indemnification
Each
party (the “Indemnifying Party”) hereby indemnifies
the other party (the “Indemnified Party”), its
officers, directors, employees and agents, and agrees to defend
and hold them harmless from and against any and all liability,
damage, loss or expense (including reasonable attorneys fees)
arising from any claim, demand, action or proceeding based
upon the alleged breach or untruthfulness of any of the Indemnifying
Party’s representations or warranties, or incurred in
the settlement or avoidance of any such claim, provided, however,
that the Indemnified Party shall give prompt notice to the
Indemnifying Party of the assertion of any such claims and
provided further that Indemnifying Party shall have the right
to select counsel and control the defense thereof, subject
to right of the Indemnified Party to participate therein.
XIX.
Severability
If
any provision of this TOS shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to
be valid and enforceable. If a court finds that any provision
of this TOS is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then
such provision shall be deemed to be written, construed, and
enforced as so limited.
XX.
Applicable Law
This
TOS is subject to the governing laws of the State of Massachusetts.
Courts of competent jurisdiction in Greenfield, Massachusetts
shall hear and decide any disputes.
|