The use of services from Techservehosting LLC [hereafter referred to as "Techservehosting"] constitutes agreement to these terms.
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.
If you have a domain name registered with Techservehosting, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Techservehosting is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of
your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase.
If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us. However,
transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is
configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We
will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
2.) Content
All services provided by Techservehosting may only be used for lawful purposes. The laws of the the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless Techservehosting 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 anothers 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 sales @ techservehosting . net with the information required.
Using a shared 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 Shared servers include:Techservehosting services, including all related equipment, networks and network devices are provided only for authorized customer use. Techservehosting 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 Techservehosting system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Techservehosting may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
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.
Sites hosted on Techservehosting's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Techservehosting is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Techservehosting and many of Techservehosting's other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, Techservehosting should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Techservehosting's webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at sales @ Techservehosting . 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.
Violations will be reported to the appropriate law enforcement agency.
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.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, 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.
Techservehosting 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.
Techservehosting 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 Techservehosting.
4.) Payment Information
You agree to supply appropriate payment for the services received from Techservehosting, in advance of the time period during which such
services are provided. You agree that until and unless you notify Techservehosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies Techservehosting of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.
Cancellations must be done in writing to sales @ Techservehosting . 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. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us in 48 hours do not hesitate to resent your email or contact us by our contact phone number.
As a client of Techservehosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Techservehosting of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Techservehosting. Techservehosting reserves the right to bill your credit card or billing information on file with us. Techservehosting provides a 10 day grace period from the time the invoice is generated 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. The $10 late fee is applied in addition to whatever else is owed to Techservehosting for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at sales @ Techservehosting . com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Techservehosting cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales @ Techservehosting . net for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
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 @ Techservehosting . com
Techservehosting reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is ran on Sunday of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Techservehosting 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 Techservehosting servers.
6.) Cancellations and Refunds
Techservehosting reserves the right to cancel, suspend, or otherwise restrict access to 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 sending an email at sales @ Techservehosting . com. Techservehosting gives you an unconditional 90 day money back guarantee or a refund for only the remaining period if the 90 day period has already expired on shared hosting 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:
There are no refunds on administrative fees, install fees for custom software, or domain name purchases.
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, renewed your account 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.
7a.) Resource Usage
User may not:
1) 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.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or
store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) 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")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
7b.) INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will
automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. 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, 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 Techservehosting's managed shared carry a 90 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 90 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared hosting and does not apply to administrative fees, install fees for custom software, or domain name purchases.
Techservehosting will not activate new orders or activate new packages for customers who have an outstanding balance with Techservehosting. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by Techservehosting in writing.
9b.) Uptime Guarantee
If your shared 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 Techservehosting dependent 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 @ Techservehosting . com with justification.
All requests must be made in writing via email. Uptime guarantees only apply to shared solutions.
10.) Shared Servers Reselling
Shared accounts may not resell web hosting to other people or atleast not in a way that may overload our shared servers.
11.) Price Change
The amount you pay for hosting may increase from the date of purchase as mentioned in the package offered during sign up. We reserve the right to change prices listed on Techservehosting.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 accounts *or 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 by our sales department 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. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
13a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Techservehosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted
against Techservehosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its
agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Techservehosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Techservehosting; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and
(4) any defective products sold to customers from Techservehosting's server.
13b.) Arbitration By using any Techservehosting services, you agree to submit to binding arbitration. If any disputes or claims arise against Techservehosting or its subsidiaries, such disputes will be handled by an arbitrator of Techservehosting's 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
Techservehosting shall not be responsible for any damages your business may suffer. Techservehosting makes no warranties
of any kind, expressed or implied for services we provide. Techservehosting 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 Techservehosting and its employees.
15.) Disclosure to law enforcement
Techservehosting 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 TOS
Techservehosting reserves the right to revise its policies at any time without notice.
1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed Program Application through our website. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement (collectively, "Content Restrictions").
2. Utilizing Links on Your Site.
As an affiliate website of Techservehosting, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain Techservehosting's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by Techservehosting. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
3. Commissions.
We will pay you a commission based on $100 per referred account level br>
Example: If you send us 20 sign-ups in any month you will get $100x20 = $2000
Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given and cleared by Techservehosting Staff. To inquire on whether your incentive is acceptable, please e-mail sales @ Techservehosting . com
The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.
If you are referring clients to Techservehosting from a free hosting service that you run, you are not eligible for commissions unless given express permission by Techservehosting. You must contact our affiliate department for review and a special commission rate.
4. Commission Payment.
Commissions deemed due and owed to you under the program will be paid to you directly by Techservehosting.com after any holding period and in accordance with a regular payout cycle established by Techservehosting.com. No commission will be paid for signups by you, your household, or anyone within your organization. Techservehosting reserves the right to only pay for referrals that are active. Active is defined by clients with a website and domain name pointed to a Techservehosting server with user uploaded content. Commissions can be earned per each new client referred through the unique affiliate link. An existing customer, defined by any client who has had an existing account with us at anytime in the past, would not be eligible for a commission with the program. Referrals who have signed up using free domain name services will be subject to manual inspection and may be deemed invalid by Techservehosting.
5. Responsibility for Your Site.
You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
- Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-spamming policies of Techservehosting or state law;
- Provide inaccurate or incomplete information to Techservehosting concerning your identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions of our sites or your sites;
- Engage in popup advertisement network activities;
- IFrames may not be used unless given express permission by Techservehosting, sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid
You are free to bid on PPC networks for keywords related to Techservehosting with the intent to direct traffic to Techservehosting. However, the following terms are not allowed:
However, you may bid on a phrase that includes any of the above terms, eg. "Techservehosting review", "Techservehosting.com hosting", etc. When setting up the display advertisement in a PPC campaign, it is not permitted to use the display URL "www.Techservehosting.com" or "Techservehosting.com", and ad text in a display ad may not contain the "Techservehosting" trademark.
The goal of our guidelines regarding pay-per-click advertisements is to preserve the integrity of the Techservehosting brand name and reputation. We do not want affiliates, or for that matter, any third party, representing themselves as Techservehosting or presenting themselves in a way that could be confused with Techservehosting.
6. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
7. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
8. Relationship of Parties.
You and Techservehosting are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the Techservehosting and Techservehosting expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
9. Limitation of Liability. We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
10. Disclaimers.
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
11. Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Techservehosting with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
12. Confidentiality.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to Techservehosting, customer and vendor lists relating to Techservehosting and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
13. Indemnification.
You hereby agree to indemnify, defend and hold harmless Techservehosting, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
14. Miscellaneous.
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the laws of the United States and the State of Delaware, without reference to rules governing choice of laws. Techservehosting reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. Techservehosting will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple Techservehosting affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the Techservehosting.com in-house affiliate program and also open a Techservehosting affiliate account with another network such as Commission Junction, both affiliate accounts will be terminated and all commissions will be forfeited. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
15. Binding Arbitration.
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against Techservehosting LLC or its subsidiaries in conjunction with this program. An arbitration firm selected by Techservehosting LLC will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.