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  Terms of Service (TOS)  
 

Terms of Service

This agreement (“Agreement”) between Think411, Inc., (“Think411”) and the Customer ("Customer") which this agreement governs the provision of Think411 and related services (the “Services”). This Agreement is effective the instant Customer (a) signs up for Services through any of Think411’s websites or (b) establishes an account with Think411 or uses the Services or any part thereof (“Effective Date”). Think411 may revise this Agreement without warning to the Customer.

Services.

Think411 will provide Customer with what they signed up for within their order according to the fees indicated to the Customer before Think411 billed Customer. Customer also understands that unless Think411 is running a promotion, Think411 will not discount their price or provide anything more or less than what the customer signed up for without Customer upgrading their plan by a Think411 customer service representative.

Rejection of Services.

Think411 reserves the right to cancel, temporarily suspend or deny services to Customer at our desecration. If Think411 feels that it is not of its best interest, or a liability to obtain a customer, Think411 will take into consideration past history on both business levels and personal levels to determine if customer is a liability to the company. Think411 will give notice of cancellation if Think411 cancels Customers account, as well as temporary suspension and denied services.

Payment.

Think411 will invoice Customer 10 days in advance of their official due date of their account. Customer agrees that as long as account is active, customer will maintain a good standing balance with Think411, and will pay before or on the due date of invoice. Any setup fees associated with the opening of the Customers account, or future upgrades are one time fees; services ordered during initial signup with setup fees will be charged up front, as well as the Customers hosting services.

If Customer has not paid after 5 days of their account due date, Think411 will suspend Customers account(s) and invoice customer $10 for late payment. If account is not paid after 30 days of the due date payment has not been received, Think411, at its descration, will terminate the customers account as well as all services, unless arrangements have been made by the customer with Think411.

Cancellation of Services.

The Customer may cancel their account with us at any time. Think411 will not provide any compensation or refunds of any kind. Customer must submit a ticket to our Support department within our help desk, verifying their account information and providing reason of cancellation.

Although a customer may cancel PayPal subscription, Think411 does not consider this a form of cancel. Customer MUST still submit a ticket to our Activations/Closure department in order to cancel their account. All payments prior to account closure are non-refundable. This includes but not limited to setup fees, hosting fees and other services offered through Think411.

Refunds and Disputes.

All payments to Think411 are non-refundable, and are considered to be the intellectual property of Think411. All billing disputes must be reported to Think411 within 60 days in order to receive compensation. Charge backs with your credit card issuer are considered invalid, as they are not constitutional under the Think411 Terms of Service Agreement. If customer files a charge back, Think411 will charge a $50 Administrative Fee per charge back to customer. It is best to deal with Think411 directly to come up with a resolution, instead of going to your credit card company first.

Ownership of Data, Software, Hardware, and IP Addresses.

All software, hardware and Internet protocol (“IP”) addresses provided by Think411 are licensed to Customer and remain Think411’s sole and exclusive property.

Bandwidth Overages

At the end of your billing period and as well as periodic bandwidth checks, Think411 will take an analysis of your server or VPS. If at that time you are found to be over your bandwidth, Think411 will send you notice of these overages. Note that all overages will be charged $.50/GB that you went over.

Free Domain Names

For our Single-Site product, Think411 provides a free domain for the customers use. If customer decides to cancel their account, the customer agrees to pay $14.99 to retain the domain name. Think411 waives the domain name charges for the life of the customers account with us unless the customer cancels, which only then will this fee apply.

Maintenance, Security, & Service Interruption.

(a) Think411 may interrupt Service to perform maintenance on Think411 equipment. Think411 will exercise reasonable efforts (i) to inform Customer
before interrupting Service and (ii) to restore the system promptly.

(b) Customer is responsible for maintaining security, for maintaining patches and
disaster recovery systems, and for maintaining backups. Think411 will not be
liable for loss of data or for breaches in system integrity, even if Customer’s Service includes firewalls, backups, denial of service protections, or other mechanisms to protect data and system integrity. In the event that Think411 suspects that security of any
of equipment has been breached, it may disable such equipment and the Service.

(c) In the event that Customer’s use of Service causes a denial of service or in any other way injures the functioning of services Think411 provides to other customers, Think411 may interrupt Service or permanently disable it, even if such denial of service or injury occurred through no fault of Customer’s.

(d) Think411 will not be liable for service interruptions, including without limitation interruptions executed in order to investigate suspected AUP violations, whether or not such violations occurred.

Spamming

Directly or indirectly transmitting or supporting the transmission of unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. If you are caught in violation of spamming your services will result in immediate termination without a refund as you chose to violate this policy.

Disclaimers and Warranties.

(a) Think411 will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if Think411 was advised in advance of the possibility of such damages. Think411’s maximum liability arising out of or related to this agreement will not exceed the total amount of fees billed to customer during the twelve-(12) months preceding the claim.

(b) Think411 will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other Think411 customers or third parties accessing customer’s data or assigned computers; (ii) security breaches;
(iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using the equipment or Service; (vi) customer’s reliance on or use of the equipment or Service; (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the equipment or Service; (viii) the accuracy, completeness, and usefulness of the Service; (ix) loss of data or loss of access to data; or (x) loss of equipment or injury to equipment.

(c) Think411 shall not insure or be responsible for any loss or damage to property of any kind owned or leased by Customer except to the extent such liability results from Think411 gross negligence or willful misconduct. Any policy of insurance covering the property owned or leased by Customer against loss by physical damage shall provide that the underwriters have given their permission to waive their rights of subrogation against Think411, its affiliates and their directors, officers, partners, and employees, as well as their subsidiaries, and their respective directors, officers, partners, and employees.

(d) Think411’s limitations and exclusions of liability set forth in this section 7 and in this agreement apply equally to Think411’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.

Indemnity & Third Party Claims.

(a) Customer will defend and indemnify Think411, its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies from any third party claim arising out of or related to: (i) alleged Customer conduct that would breach this Agreement, including without limitation alleged infringement of third party intellectual property or privacy rights; (ii) Customer’s use, misuse, or failure to use the Service; and (iii) any action taken by Think411 as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, and costs, including without limitation attorneys’ fees.

(b) Upon Think411’s request, Customer will immediately notify any third party that Think411 is not responsible for (i) any content or materials posted on any Customer website or otherwise disseminated through Customer’s use of the Service or (ii) any use or abuse of the Service whatsoever by Customer or any third party.

Free Trials.

Any free trials given to the customer are bound to this agreement. Further, the customer may not go over the trial limit, and may not redeem anymore than one trial in a lifetime. At the end of the customers free trial, Think411 will suspend the VPS the day after the trial limit, until invoice for full services is paid or if prior arrangements have been made
(ie. customer wants to go ahead and continue with full paid services before the end of trial, customer adds credit card to account prior to trial expirations). Think411 will notify
the customer by phone and/or e-mail to let the customer know that their free trial is about to expire. After 2 days of not hearing from the customer, Think411 will automatically terminate the customers account as well as all services.

Service Level Agreement.

100% Network Uptime Guarantee: Think411 offers a 99.99% uptime guarantee on
all network related services (i.e. bandwidth, routers, switches, and cabling). The 99.99% uptime guarantee is applicable to all network services delivered to customers via a single independent network drop. Customer generated outages created by failed equipment, exploited servers, misconfigurations or traffic in excess of the maximum allowed by contract are not subject to the SLA. Service credits are based directly on all equipment and/or services affected by a network outage. Services or hardware not related to the network outage will not qualify for a service credit.

99.99% Service Uptime Guarantee: Think411 offers a 99.99% complete service
uptime guarantee to Virtual Private Server customers. This guarantee includes the availability of accessing the virtual private server and network availability. Think411 does not consider services within the VPS bound or elligiable to this policy (such as mysql, apache, FTP, etc), but only the availability of the VPS.

99.99% Service Uptime Guarantee: Think411 offers a 99.99% Uptime guarantee to our general web hosting customers and reseller customers. This guarantee includes the availability of all services, network and the accessability of the customers website(s).

Customer credits are equal to one day’s usage for every hour of outage, not to exceed
one month’s recurring charges.

Think411 provides up to 50% monthly recurring revenue credit to a customer if service is unavailable. On outages of four hours or less, depending on access type, the customer receives a 3-day, prorated monthly credit. On outages over four hours, the customer receives an additional day credit for each hour the outage persists up to 50% of the monthly charge.

NOTE: Any service outage will need to be reported within 48 hours after restoration. After
48 hours, you will not be waranted a credit.

Money Back Guarantee.

Think411 offers our VPS (virtual private server), web hosting and multi-domain account customers a complete 30 day money back satisfaction guarantee. If under the circumstances the customer is not happy with our services, Think411 agrees to provide a full refund of the service, excluding any setup fee's. Customer may not change their cancellation reasoning after being informed of this policy. This policy is void if (a) customer signs of knowing they will cancel within 30 days (b) customer signs up for the purpose of cancelling (c) customer has no record or signs of dis-satisfaction in the Think411 helpdesk.

Liability.

Customer is solely responsible for the conduct of the Customers business and all other matters under Customers control. IN NO EVENT SHALL Think411, ITS PARENT, SUBSIDIARIES, AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN PRODUCING, CREATING OR DELIVERING Think411
SERVICE, TECHNOLOGY OR CONTENT, BE LIABLE TO The Client IN ANY MANNER WHATSOEVER FOR LOSS OF OR INACCURACY OF DATA, GOODS, REVENUES, PROFITS, SERVICES, OR TECHNOLOGY OR FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF Think411
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Client HEREBY WAIVES ANY AND ALL CLAIMS AGAINST HostNetWay AND ITS PARENT, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF CUSTOMERS USE OFThink411 SERVICE.



 

 
     
 
 
     
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