1. USE OF SERVICE -- This is an agreement between Tutone Web d/b/a TutoneWeb.com and you to provide website hosting and certain other services to you ("the Service"). By establishing an account, using the Service, using TutoneWeb.com -provided software, using the equipment or indicating agreement through the software or website, you agree to be bound by this Agreement, including future revisions, and to use the Service in compliance with the current TutoneWeb.com Acceptable Use Policy. In order to order and receive the Service, you must be at least 18 years old and must provide a valid credit card or debit card before Service will begin.
2. TERM -- You may use this Service for a term of one to twelve months (as mutually agreed upon by Tutone Web and you) beginning on the date payment for Service is received by TutoneWeb.com. The term of this Agreement shall automatically extend for additional term of 1-12 month(s) unless you give TutoneWeb.com notice of your intention not to renew Service not less than thirty (30) days before the end of the then-current term. TutoneWeb.com reserves the right to change prices of the Service upon 30 days notice. TutoneWeb.com reserves the right to change features of the Service at any time. Current Service prices and features may be obtained by visiting our website www.tutoneweb.com or by calling (615) 491-8673.
3. THE SERVICE -- Depending on the type of Service that you sign up for, the Service may include internet access, software usage, webspace, website design, domain name reservation and other features based on the communications and agreements between you and TutoneWeb.com. From time to time TutoneWeb.com may impose reasonable rules and regulations regarding the use of the Services.
The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of TutoneWeb.com. TutoneWeb.com provides the Service on a "best effort" standard and does not guarantee upload or download speeds. You may obtain technical support regarding the Service by calling the Technical Support Line at (615) 491-8673 between 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays.
4. PAYMENT -- You will be charged an annual fee for website services. Charges are billed to your credit card or debit card, as applicable, each year for the Service and any additional usage, services, taxes and fees. If you choose to obtain other services, you agree to pay the fees quoted for those services and to allow TutoneWeb.com to charge your credit card immediately upon delivery of those services, as well as any applicable taxes and third party fees, such as those charged by a domain name registrar. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately.
5. TERMINATION/REFUND POLICY -- TutoneWeb.com may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if TutoneWeb.com, in its sole discretion, believes you have violated this Agreement, violated the TutoneWeb.com Acceptable Use Policy or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service. TutoneWeb.com will not issue refunds or credits for Service already billed whether used or unused, in the event of a violation as described above.
6. BEST EFFORTS -- TutoneWeb.com will make all commercially reasonable efforts to provide the Service. Because of the complex nature of internet service, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, if TutoneWeb.com cannot initiate Service, it may cancel this Agreement with you and refund any money that you have paid. TutoneWeb.com will notify you of its intent to cancel as soon as reasonably possible. TutoneWeb.com shall have no responsibility whatsoever for claims arising out of its failure or refusal to provide the Service.
7. MONITORING THE SERVICES -- TutoneWeb.com has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if TutoneWeb.com, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself and its customers. TutoneWeb.com may immediately remove your material or information from TutoneWeb.com servers, in whole or in part, which TutoneWeb.com, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy or other policies or laws.
8. SOFTWARE LICENSE -- TutoneWeb.com grants to you a limited, nonexclusive, nontransferable and non-assignable license to use TutoneWeb.com software ("Licensed Programs") in order to access and utilize the Services. You agree to use the Licensed Programs solely in conjunction with the Services and for no other purpose. TutoneWeb.com may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to you. The Licensed Programs constitute confidential and proprietary information of TutoneWeb.com and TutoneWeb.com's licensors and embody trade secrets and intellectual property protected under United States copyright and other laws. As between you and TutoneWeb.com, all right, title, and interest in and to the Licensed Programs, including associated intellectual property rights, are and shall remain with TutoneWeb.com. You shall not, and shall not allow your employees or agents to, disclose or transfer any portion of the Licensed Programs to any third party. You further agree not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of the Licensed Programs. For web hosting, TutoneWeb.com grants to Customer a non-exclusive, personal, non-transferable license to access and use the Services solely on and as part of TutoneWeb.com's World Wide Web site and servers.
9. DISCLAIMERS AND WARRANTIES --
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TutoneWeb.com DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. TutoneWeb.com MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH TutoneWeb.com OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY TutoneWeb.com OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. TutoneWeb.com AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, TutoneWeb.com'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING A CLAIM.
TutoneWeb.com SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICES; THE USE OF THE SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; OR THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF TutoneWeb.com, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST TutoneWeb.com IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
10. JURISDICTION --
California residents are entitled to the following information:The Service is provided by Tutone Web, 3651 Perry Cemetery Rd, Columbia, Tennessee 38401. Phone: (615)491-8673.
Charges vary depending of the type of service. Current pricing may be obtained by writing or calling the number above.
TutoneWeb.com reserves the right to change prices and institute new fees at any time upon 30 days prior notice.
Complaints and questions about the service should be directed to TutoneWeb.com Customer Service at (615) 491-8673. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.
Actions arising from this agreement may be brought in an appropriate California small claims court.
This Agreement is governed by Tennessee law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled in the state or federal courts having jurisdiction over Columbia, Tennessee.
11. CONFIDENTIALITY -- You acknowledge that by reason of your relationship with TutoneWeb.com, you may have access to certain information and materials relating to TutoneWeb.com's business, customers, software technology and marketing which TutoneWeb.com treats as confidential (collectively "Confidential Information"). You shall: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the clear and express prior written consent of a duly authorized representative of TutoneWeb.com; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than for the limited purpose of performance under this Agreement. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for two (2) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.
12. MISCELLANEOUS -- This Agreement, the Acceptable Use Policy, and TutoneWeb.com's other Agreements and policies posted on TutoneWeb.com's website constitute the entire agreement between you and TutoneWeb.com with respect to your use of the Service. TutoneWeb.com may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on TutoneWeb.com's website: www.TutoneWeb.com, and/or via email and/or in our various publications and mailings to you. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of TutoneWeb.com. You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of TutoneWeb.com, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. Nothing in this Agreement shall be deemed to create a partnership, agency or other form of joint enterprise between the parties. TutoneWeb.com may subcontract any work, obligations or other performance required of TutoneWeb.com under this Agreement without your consent. The failure of TutoneWeb.com to require your performance of any provision hereof shall not affect its right to require such performance at any time thereafter; nor shall the waiver by TutoneWeb.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. You shall indemnify and hold TutoneWeb.com harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that TutoneWeb.com may sustain or incur by reason of any breach or allege d breach of any term or condition of this Agreement, the Acceptable Use Policy, and TutoneWeb.com's other agreements and policies and for any act or omission of you or your clients which are in any way related to the TutoneWeb.com Service.