Tally Host Terms of Service (TOS)

The Host Terms of Service ("TOS") explains the proper conduct and prohibited uses of Tally Host's Services ("Services") for our customers ("Customer"). By registering for services you also acknowledge, and accept that you are also bound by this TOS. This Policy represents the complete understanding and agreement between Tally Host and our Customers. Except when expressly agreed to the contrary in writing by Tally Host, this ToS supersedes any other written agreement and/or oral agreement.

TallyHost crafts quality solutions and experiences tm. Although we're confident you won't, please feel free to cancel at any time with no extra fees or immediate disruption until your payment period has ended. In short, TallyHost is a "Quality Technology Patnership tm." There are no contracts or hidden fees (except for SLA's)! We work hard to keep you here, but feel free to cancel at any time! We're confident you won't!

1. Content Tally Host Services may only be used for lawful purposes. You may not publish content that that is, or that we judge to be illegal, defamatory, abusive, obscene, infringing, threatening or pornographic. Tally Host has the right, but not the obligation, to edit, remove or deny access to any such content. Furthermore, the Customer may not publish content that is in violation of any International, State, or Local laws, ordinances or regulations. The Customer is solely responsible for the content that they make accessible while using Tally Host Services.
   Examples of unacceptable content include, but are not limited to:
   • Copyright Violations
   • Hacking/Phreaking
   • IRC Bots
   • Warez Sites
   • Pirated Software
   • Hate Sites
   • Hag Programs and Archives
     
     
2. Zero Tolerance Spam Policy
   Tally Host has a zero tolerance stance against sending unsolicited e-mail, bulk emailing and spam including "Safe List" and "Double Optin."
   
   Tally Host reserves the right to require changes or disable any website, account, database or other component of our Services. Tally Host may determine, at its sole discretion, what constitutes a violation of this Policy. Also, Tally Host also reserves the right, at our sole discretion, to make emergency modifications to your service.
   
   Any violation of this policy will result in immediate termination of your account, plus accessed a minimum fine of $200.
   
   Legal use of mass-mailing features must follow all of these requirements:
   • User join the specific list in use on their own free will;
   • User has the ability to remove themselves from the list;
   • The remove feature must be on each email;
     
     
3. System & Resource Usage
   Resources are defined as utilization of bandwidth usage, server processor usage, server memory usage, and file storage. Tally Host offers these services in a shared system environment. Customers may not utilize Services that consume excessive resources, as this can affect other users on the shared system. Unused Services in one month do not carry over the the next month. If Tally Host takes any corrective action under this section, the Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
   Bandwidth
   You're allocated a monthly bandwidth allowance which varies depending on the hosting package that you purchased. Should you go over this amount Tall Host reserves the right to 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. Tally Host will attempt to contact the Customer to resolve the problem.
   CPU Usage
   Customer agrees that they shall not use excessive amounts of CPU processing on any of Tally Host servers. Any violation of this Policy may result in corrective action by Tally Host, including assessment of additional charges, disconnection or discontinuance of any and all Services. Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
   Users may not initiate the following:
   • Use 25% or more of system resources for longer than 90 seconds. Among the many causes of this include: CGI scripts, FTP, PHP, HTTP, etc.
   • Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
   • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
   • Run any software that interfaces with an IRC (Internet Relay Chat) network.
   • Run any gaming serves such as, but not limited to, Counter-Strike, Half-Life, BattleField 1492, etc.
   
   
   
4. Backups and Data Loss
   Your use of the service is at your sole risk. Tally Host is not responsible for files and 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 Tally Host servers.
   
   
5. Fees & Payment and Term
   You agree to supply appropriate payment for the services received from Tally Host, in advance of the time period during which such services are provided. You agree that until and unless you notify Tally Host of your desire to cancel any or all services received, those services will be billed on a recurring basis.
   
   Tally Host reserves the right to change the monthly payment amount and any other charges at anytime. All fees payable hereunder are non-refundable. Domain Name Registration is NOT refundable. Once you purchase your domain name you are the owner and it can not be returned until the duration of the domain term has expired.
   
   As further consideration for the Services, you agree to: provide certain current, complete and accurate information about you and maintain and update this information as needed to keep it current, complete and accurate. You hereby grant us the right to disclose to third parties as needed to maintain your services such account information. By submitting to this Policy, you represent that the statements you have made in our registration process are true and you will not use our Services for any unlawful purpose.
   
   If you pay by check, you are authorizing Tally Host to automatically transfer money from your checking account, without invoice, via the transit and routing numbers you will supply or have supplied in the order form. If you pay by credit card, you must notify Tally Host of any changes (including, but not limited to the, number, expiration, cancellation of your card, and your billing address) to your card that may prevent Tally Host from billing you. Check / money orders can be sent on a as needed basis worked out with Tally Host.
   
   
6. Charges
   You will be charged additional nonrefundable fees in the event that you used excessive Services including, without limitation, additional bandwidth, file transfer in excess of Service(s) limits, or megabytes space. You agree to pay for any and all charges that may coincide with the usage of your Services(s) at the then current Tally Host prices, which shall be subject to any applicable taxes. You are responsible for the payment of all taxes of any nature including, without limitations, federal, state and local sales, use, value added, excise and duty taxes irrespective of which party may be responsible for collecting or reporting such taxes. You are only not liable for paying taxes on Tally Host's income.
   
   
7. Lateness
   If your payment is received late, you may be responsible for paying a late charge of $10 per month for delayed payments. Your Services may remain suspended until payment is received by Tally Host from you. If your Plan(s) is left unpaid for 40 days, it may be terminated. A termination under this condition, or any other, will not relieve you from paying any past due fees plus interest that have accrued prior to the termination. In the event of collection enforcement, you will be liable for any costs, including, without limitation, attorneys' fees, court costs, and collection agency fees. Services(s) terminated or suspended and requested opened for file retrieval will result in requirement of a reconnection fee in the amount of $35 which will allow the account to remain open for a period of no longer than 24 hours.
   
   
8. Cancellation and Refunds
   Tally Host reserves the right to cancel the account at any time. Customers may cancel at any time. You and Tally Host agree that there will be no monetary compensation for terminated Plan(s)/services regardless of the reason. No Refund or prorated. Setup Fees are non-refundable for any reason. Payment methods of check/money order are non-refundable. If you were give a trial period you have 30 days to request the refund.
   
   
9. Money back Guarantee
   Dedicated servers and collocation are non-refundable, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. Certain Tally Host Services may have been sold with a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is ONLY for Services sold with a guarantee as indicated at the time of your order.
   
   
10. Price Change
    The amount you pay for hosting may change after one year of service. We reserve the right to change prices listed on Tally Host. Customers will be notified prior to rate increases. Tally Host reserves the right to increase the amount of resources given to plans at any time.
    
    
11. Automatic Plan(s) Upgrade
    Tally Host may automatically upgrade Plan(s) without notice if the prices for the same Plan(s) change for monthly Plan(s).
    
    
12. Account Setup
    Tally Host will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under.
    
    
13. Promotions
    Promotions through Tally Host and our partners are subject to cancellation at anytime. Tally Host has the right to revoke any promotional offer previously offered on an account should it not comply with the terms and conditions of the promotion. Promotional terms and rates do not apply to renewals of terms or accounts without limitation.
    
    
14. Uptime Guarantee
    Tally Host guarantees it's servers to be in operational order 99% of the year. This policy covers the following outages only; software update or installation, hardware installation or maintenance, bandwidth downtime and system reboots or other instances seen fit by Tally Host. This does not include any of the specific instances, customer negligence of uploading techniques, improper DNS settings, Domain expiration, customer errors made in the control panel or any other customer caused issue. Downtime compensation will be given if Tally Host's server has been offline for an extended period of time and deemed that compensation is authorized by the billing and support departments. Compensation will be for the portion of time that the server has experienced the lapse in service. If Tally Host does not comply with the 99% uptime for the year, one month of service will be placed on the account.
    
    
15. Employee Solicitation
    You agree not to approach Tally Host's employees with proposal to hire them as his own employees or contractors. If you were to hire any of Tally Host's employee, you agree to pay Tally Host for each employee $180,000.
    
    
16. Limitations of Liability
    Customer agrees that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this TOS and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We, our partners, affiliates, and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data miss-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. You agree that we will not be liable for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed one hundred ($100.00) dollars.
    
    
17. Indemnification
    Customer agrees that it shall defend, indemnify, save and hold Tally Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Tally Host, 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 Tally Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tally Host; (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 Tally Host servers.
    
    
18. Warranties and Representation
    You warrant and represent to Tally Host that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this agreement; (3) you will use the Service(s) only for lawful purposes and remain in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Service(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.
    
    
19. Force Majeure
    Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
    
    
20. Disclaimer
    Tally Host will not be responsible for any damages your business may suffer. Tally Host makes no warranties of any kind, expressed or implied for Service(s) we provide. Tally Host 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 Tally Host and its employees.
    
    
21. Changes to the TOS
    Tally Host may without advance notice amend its polices from time to time, and will do so by posting the new Agreement on the Tally Host web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.