TERMS OF SERVICE (TOS)
 

IMPORTANT NOTICE:  

"Wind River Hosting" is a subsidiary of "Think IT Solutions"



Wind River Hosting. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Wind River Hosting's service's constitutes acceptance and agreement to Wind River Hosting's AUP as well as Wind River Hosting's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Wind River Hosting and our AUP (Acceptable Use Policy). The AUP may be revised from time to time at the discretion of the Company. Subscriber understands that changes to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Arkansas, county of Benton applicable to contracts enforceable in that state. Venue will be Benton County Arkansas

  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Wind River Hosting shall have the right to terminate all service set forth in this Agreement.

     

  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to the company by its suppliers.

     

  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the service plan chosen.  All accounts and services provided by Wind River Hosting to those clients located with the boundaries of the State of Arkansas are subject to the current tax rate as imposed by the State of Arkansas which is currently 6.00%. 

     

  4. Payments and Fees: Credit cards that are declined for any reason are subject to a $25.00 declination fee. Service will be interrupted on accounts that reach 28 days past due. Service interrupted for nonpayment is subject to a $100.00 reconnect charge. Accounts not paid by due date are subject to a $25.00 late fee. Accounts that are not collectable by Wind River Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

     

  5. Refund and Disputes: All payments to Wind River Hosting are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Wind River Hosting's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Wind River Hosting an "Administrative Fee" of not less than $50 and not more than $150.

     

  6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest, collection and/or attorneys fees.

    Think IT Solutions #Attn: Cancellations
    17601 Stateline Spur
    Garfield, Arkansas 72732
    E-mail
    Or you may fax the cancellation request to: 866-836-3244

    You must include all account information to cancel.

  7. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.  This includes but is not limited to loss of data or content.  That data and content backup is the responsibility of the customer.  Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

     

  8. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Wind River Hosting, on behalf of the account holder a handling fee may be incurred.

     

  9. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Wind River Hosting will require a minimum of two (2) days to be set up and entered into our DNS servers. In some rare cases, such transfers may take up to thirty (30) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Wind River Hosting on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

     

  10. Support Boundaries: Wind River Hosting, provides technical support to our subscribers with response times not to exceed 8 hours.  We limit our technical support to our area of expertise. The following is our guidelines when providing support: Wind River Hosting provides support directly related to your account. Wind River Hosting does not offer tech support for application specific issues such as cgi, php programming, html or any other such issue. Wind River Hosting does not provide technical support for YOUR customers. All  support issue's are to be reported through the trouble ticket system in your customer access area. If you cannot access the customer area, we encourage you to email support for assistance. If you are able to get online and have other questions, the answers may be on our home page.
     

  11. SPAM and Unsolicited Commercial Email (UCE): Wind River Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Wind River Hosting may not use or permit others to use our network to transact in UCE. Customers of Wind River Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

     

    1. Violation of Wind River Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Wind River Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Wind River Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Wind River Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Wind River Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Wind River Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

       

    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $125 per hour that Wind River Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

       

    3. For Resellers:  You as our Customer are ultimately responsible for the actions of your clients over the Wind River Hosting network, it is advisable that Customers develop a similar, or stricter, policy for your clients.


    IMPORTANT NOTICE:
    BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately Suspended. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server cancellation. Any account  guilty of a second violation WILL be immediately and permanently be CANCELED!

     

  12. Network

     

    1. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Wind River Hosting will monitor Customer's bandwidth and disk usage. Wind River Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any services, or the termination of this Agreement, which actions may be taken is at Wind River Hosting's sole and absolute discretion. If Wind River Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Wind River Hosting may, at its sole discretion, collect a deposit, in an amount determined by Wind River Hosting, against customer's credit card on file with Wind River Hosting.

       

    2. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Wind River Hosting Network. Violations of system or network security may result in civil or criminal liability. Wind River Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

       

      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

         

      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

         

      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

         

      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

         

      5. Taking any action in order to obtain services to which such User is not entitled.


     

  13. Notification of Violation:

     

    1. Wind River Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

       

    2. First violation: Any User, which Wind River Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Wind River Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

       

    3. Second Violation: Users that Wind River Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

       

    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.


     

  14. Suspension of Service or Cancellation: Wind River Hosting reserves the right to suspend network access to any customer if in the judgment of the Wind River Hosting network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Wind River Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

     

  15. Wind River Hosting reserves the right to amend its policies at any time. All customers, resellers of Wind River Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. Resellers will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

     

  16. Indemnification: Wind River Hosting wishes to emphasize that in agreeing to the Wind River Hosting Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Wind River Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Wind River Hosting or the bringing of any claim against Wind River Hosting by any third-party. This means that if Wind River Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Wind River Hosting, plus all costs and attorney's fees.

     

  17. Miscellaneous Provisions: You must provide us with, and keep current, valid contact information for you, if you are  a reseller you must also provide this information upon request.  E-mail, fax, and telephone contacts are used, in that order of preference.

     

    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

       

    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

       

    3. Wind River Hosting takes no responsibility for any material input by others and not posted to the Wind River Hosting Network by Wind River Hosting. Wind River Hosting is not responsible for the content of any other websites linked to the Wind River Hosting Network; links are provided as Internet navigation tools only. Wind River Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

       

    4. Wind River Hosting shall not be responsible for any damages your business may suffer. Wind River Hosting does not make implied or written warranties for any of our services. Wind River Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Wind River Hosting.

       

    5. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

       

  18. Responsibility for Content: You, as Wind River Hosting's customer/reseller, are solely responsible for the content stored on and served by your Wind River Hosting server account.

     

  19. Windows Based Servers: Requirements for using Microsoft software. Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated.

    Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Software Products or that appear during the use of Software Products. Customer further agrees not to reverse engineer, decompile, or disassemble the Software Products.

    Wind River Hosting may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Wind River Hosting has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Wind River Hosting and not by the Third Party Vendor. Neither Wind River Hosting nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Wind River Hosting or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Wind River Hosting nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Wind River Hosting with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

     

  20. Denial of Service's: We reserve the right to refuse service to anyone at any time for any reason.