Terms & Conditions

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet related services provided by Thompson Global Media, (the "Services"). As used in this Agreement, "Thompson Global Media" means Thompson Global Media and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the THOMPSON GLOBAL MEDIA site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Thompson Global Media Site" refers to the Site located at the URL http://www.thompsonglobalmedia.com, or any other successor Sites owned or maintained by Thompson Global Media.

1. APPROPRIATE USE OF THE SERVICES.

Thompson Global Media provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Thompson Global Media server in connection with Client's use of the Services which violate any state, federal or foreign laws or regulations;

infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Thompson Global Media or any third party;

are defamatory, slanderous or trade libelous;

are threatening or harassing;

are discriminatory based on gender, race, age or promotes hate

violate any Thompson Global Media policy posted on the Thompson Global Media Site's including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.

contain viruses or other computer programming defects which result in damage to Thompson Global Media or any third party.

Bandwidth. Client may occupy only the amount of disk space on the  Thompson Global Media Server and utilize no more than the network bandwidth that is allotted by Thompson Global Media. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Thompson Global Media, or otherwise, that mentions or reference any domain hosted on Thompson Global Media servers or parked on Thompson Global Media DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy).

Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files and Processing. Client will have the ability to reinstate files which are automatically archived by Thompson Global Media; however, Thompson Global Media does not guarantee the existence, accuracy, or regularity of its backup services on Virtual Servers and, therefore, Client is responsible for making back-up files in connection with its use of the Services.  On Dedicated Servers, we will install the backup script for our clients, but the running of cron jobs and services is the responsibility of the server owner. The backup script can be set up to generate a daily email with results, to assist you in monitoring.

3rd Party Software.  We may offer 3rd party software for managing your accounts, such as CPanel, Ensim and Plesk. Thompson Global Media has no access or rights to 3rd party software code and therefore cannot guarantee the accuracy or performance of the software, including but not limited to functionality, backup processing, reports & statistics. Thompson Global Media will provide first line support for standard software offered with our packages and will report bugs and work with the individual vendors to address product performance issues.

Termination. Thompson Global Media reserves the right to refuse service to anyone. Thompson Global Media, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse@thompsonglbalmedia.com.

2. PAYMENT OBLIGATIONS

Service Fees. By the Tenth (10th) of each month, Thompson Global Media shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Thompson Global Media by no later than 10 days after the specified payment due date. Thompson Global Media shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Thompson Global Media. Certain services carry a set-up fee charged by Thompson Global Media to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 thereunder, Client shall be responsible for any outstanding fees owed to Thompson Global Media and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Thompson Global Media for such Services, refunds will be issued for any unused full month month portions less one month of the Services upon Clients request. Therefore, if Client's account is canceled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.

Late payments. Any payment not received within twenty (20) days of the invoice date, will be assessed a late fee of one and one half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a $5.00 fee. Customer also shall pay to Thompson Global Media all expenses incurred byThompson Global Media in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by Thompson Global Media.

Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.

Domain Names. If Client chooses to register a domain name(s) through Thompson Global Media, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Thompson Global Media does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

3. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall Thompson Global Media be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Thompson Global Media from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth thereunder.

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page . All cancellation requests must be received by the 25th of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.

If Thompson Global Media suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from Thompson Global Media and full payment of balances due.

If Thompson Global Media disconnects a Dedicated Server or Colocation server for non-payment, the Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's server. Once payment has been received, Client's account will be activated within forty-eight (48) business hours. Thompson Global Media will maintain an archival copy of Client's data files for (5) days after Thompson Global Media disconnects the server.

If a Client terminates their account, Thompson Global Media will disable the server/account the day the client specifies the account is canceled. Thompson Global Media will not maintain an archival copy of the Clients Web site or files.  It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.

5. TAXES

Client will pay and indemnify and hold Thompson Global Media harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY

THE SERVICES, THE THOMPSON GLOBAL MEDIA SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE THOMPSON GLOBAL MEDIA SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. THOMPSON GLOBAL MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THOMPSON GLOBAL MEDIA SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL THOMPSON GLOBAL MEDIA BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE THOMPSON GLOBAL MEDIA's SYSTEMS SITE OR ANY THOMPSON GLOBAL MEDIA PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL THOMPSON GLOBAL MEDIA CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).

8. MISCELLANEOUS

Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to Client:

Name and address provided for account setup.