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Trinity Web Services - Terms of Service


The use of services from TrinityWebServices.com [hereafter referred to as "Trinity Web Services"] constitutes agreement to these terms. You may view our Privacy Policy here.

1.) Account Setup / Email on File

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied

2.) Content

All services provided by Trinity Web Services may only be used for lawful purposes. The laws of the State of Texas and the United States of America apply.

The customer agrees to indemnify and hold harmless Trinity Web Services from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@trinitywebservices.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Using an account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Examples of unacceptable material on all servers include:

  • Topsites
  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance with or without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PPBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro

Services by Trinity Web Services, including all related equipment, networks and network devices are provided only for authorized customer use. Trinity Web Services' systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Trinity Web Services' system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@trinitywebservices.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

Web Hosting Customers: It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Please read our mail policy page (coming soon) for our generalized mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Trinity Web Services reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Trinity Web Services reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Trinity Web Services.

4.) Payment Information

You agree to supply appropriate payment for the services received from Trinity Web Services, in advance of the time period during which such services are provided. You agree that until and unless you notify Trinity Web Services of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing. Cancellation requests can be made via the support ticket system or by email to sales@trinitywebservices.com. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via email at sales@trinitywebservices.com. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Trinity Web Services, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Trinity Web Services provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. Any invoice that is outstanding for 30 days and not paid will result in account termination. It may not be possible to recover a website, email, or other data once an account has been terminated.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@trinitywebservices.com

Trinity Web Services reserves the right to change the monthly payment amount and any other charges at any time.

5.) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Trinity Web Services is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Trinity Web Services servers.

6.) Cancellations and Refunds

Trinity Web Services reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time by submitting a ticket to sales via the support ticket system or by email to sales@trinitywebservices.com. Trinity Web Services gives you a 30 day money back guarantee on web hosting and managed hosting accounts for any customer who paid the first invoice with a credit card or with Paypal.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

  • Bank Wire Transfers
  • Western Union Payments
  • Checks
  • Money orders

There are no refunds on administrative fees, install fees for custom software, or domain name purchases. Refund requests after the initial 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

7.) Resource Usage

User may not, on any Trinity Web Services server:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run stand-alone, unattended server-side processes at any point in time. This includes any and all daemons, such as IRCD.

c) Run any type of web spider or indexer (including Google Cash / AdSpy).

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them.

f) Participate in any file-sharing/peer-to-peer activities.

g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.

h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

8.) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9a.) Money Back Guarantee

Each of Trinity Web Services' web hosting accounts carries a 30-day money back guarantee. If you are not completely satisfied with our services, let us know within the first 30 days of your service and you will be given a full refund of the monthly service amount you have paid. Remember, this is only for monthly packages and does not apply to administrative fees, install fees for custom software, domain name purchases, renewals, or transfers, and also does not apply to fees for other services including website design, creation, or modification. In any event, the maximum refund amount will not exceed (1) $5.90 USD if the customer paid for the L1 web hosting plan; (2) $9.90 USD if the customer paid for the L2 web hosting plan; (3) $14.90 USD if the customer paid for the L3 web hosting plan; or (4) $49.00 USD if the customer paid for the Managed Website plan. In order to avoid abuse of this offer, returning customers who previously received a refund under this section will not qualify for a second or subseqent refund under this section - in other words, only one money back guarantee per customer.

9b.) Uptime Guarantee

If your server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Trinity Web Services dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@trinitywebservices.com with justification. All requests must be made in writing via email.

10.) All Accounts are Non-Reseller Accounts

Reselling of web hosting services is not permitted. Any account which is found to be reselling web hosting will be immediately suspended and/or terminated.

11.) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on trinitywebservices.com, and the right to increase the amount of resources given to plans at any time.

12.) Coupons

Discounts and coupon codes are reserved for first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

13a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Trinity Web Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Trinity Web Services, its agents, its customers, owners, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customer, its agents, employees, owners, or assigns. Customer agrees to defend, indemnify and hold harmless Trinity Web Services against liabilities arising out of: (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Trinity Web Services; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) intellectual property infringement, including patent, trademark, and/or copyright infringement; and (4) any defective products sold to customers from a Trinity Web Services server.

13b.) Arbitration

By using any service provided by Trinity Web Services, you agree to submit to binding arbitration. If any disputes or claims arise against Trinity Web Services or its subsidiaries, such disputes will be handled by an arbitrator of Trinity Web Services' choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

14.) Disclaimer

Trinity Web Services shall not be responsible for any damages your business may suffer. Trinity Web Services makes no warranties of any kind, expressed or implied for services we provide. Trinity Web Services disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Trinity Web Services and its employees.

15.) Disclosure to Law Enforcement

Trinity Web Services may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16.) Changes to the Terms of Service

Trinity Web Services reserves the right to revise its policies at any time without notice.