This Agreement governs your use of the TNTMAX.com online information service (the “Service”), including interactive chat and discussion areas (the “Interactive Areas”), which is operated by TNTMAX, LLC. (“TNTMAX”). In addition to the agreement set forth below, terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement together with any such additional terms and conditions, are referred to as this “Agreement.”
TNTMAX reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by TNTMAX as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service and the Interactive Areas.
2. USE OF CONTENT.
You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of TNTMAX or third parties. All Content on the Service is copyrighted as a collective work of TNTMAX pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You may post on the Service any Content owned by you (such as your original statements, video etc.), Content for which you have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to TNTMAX the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any Content that you place on the Service. You represent and warrant that you are authorized to grant all rights given in the preceding sentence.
You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content, however, you may not download any images provided by Reuters which are made available on the Service. You shall not store electronically any significant portion of any Content and no Content provided to the Service by Reuters may be stored on your computer for more than 7 days. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of TNTMAX or the owners of such Content or their authorized persons, if other than TNTMAX. You may download from the Service any Content in the public domain for your own personal use or for non-commercial redistribution.
3. RULES OF CONDUCT.
You shall not post on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any External Sites (defined in section 5.2) that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join or use competitive online services.
4. MANAGING CONTENT.
TNTMAX does not and cannot review the Content posted by users on the Service and is not responsible for such Content. However, TNTMAX reserves the right to delete, move or edit any Content (including Content posted in any Interactive Area) that comes to the attention of TNTMAX which it determines, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. TNTMAX shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. NO ENDORSEMENT.
TNTMAX does not represent or endorse the accuracy or reliability of any Content posted on any Interactive Area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users are the views of the user posting the statement, and do not necessarily represent the views of TNTMAX.
The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that TNTMAX is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
You agree to indemnify, defend and hold TNTMAX, its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “TNTMAX Parties”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any TNTMAX Party in connection with any claim arising out of any use or alleged use of your password or online persona by any person, whether or not authorized by you. TNTMAX reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with TNTMAX’s defense of such claim.
7. TERMINATION OF SERVICE.
TNTMAX reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. TNTMAX may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or content (including the Interactive Areas), without prior notice or liability.
8. CANCELLATION OF SERVICE.
The TNTMAX monthly consulting contract and/or hosting service(s) may be cancelled at any time, 90 days following a written email requesting termination of a monthly contract has been sent to [email protected] and a written confirmation receipt of cancellation acknowledgement has been received by customer. All cancellation requests must come from the customer who is the principal owner on file at TNTMAX and will not be accepted from anyone else for security reasons. All cancellation requests must be in writing and must include the following information:
Principal contact’s name & contact information
Recurring service(s) and monthly amount being cancelled
Domain name(s) being cancelled
Email Address being cancelled
Any other information that enables us to process your request more efficiently
We recommend that you call TNTMAX at 201-891-8686 and ask for the billing department to confirm that the cancellation email you sent to us has been received and that you are requesting a cancellation acknowledgement email receipt if you have not received one already. The 90 days start from the date of the cancellation acknowledgement receipt sent by TNTMAX to the customer. During the 90 days, the customer is responsible for payment for the services until the end of the 90-day cancellation period. Once a cancellation request has been processed by TNTMAX, the client will receive a confirmation of cancellation email or fax.
9. USE OF CONTENT.
By using TNTMAX’s web pages (TNTMAX.com), the User assumes all risks associated with the use of this site, blog, videos, social content and other, including any risk to User’s computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a TNTMAX web page or User’s access to it. TNTMAX shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on the TNTMAX Web site or with the delay or inability to use this web site, or from any information, documents, services, software, or other material obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if TNTMAX and/or any of its employees/affiliates has been advised of the possibility of damages. TNTMAX shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user’s decision, or action taken or not taken in reliance upon information furnished. taken in reliance upon information furnished.
Neither TNTMAX nor any provider of third party content or their respective agents warrants that the service will be uninterrupted or error free; nor does TNTMAX, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the service or the content. The service and the content are distributed on an “as is, as available” basis. None of TNTMAX, third party content providers and their respective agents makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service. Neither TNTMAX nor any third party content provider warrants that any files that may be downloaded through the service will be free of viruses or other contaminating or destructive features. You expressly agree that the entire risk as to the quality and performance of the service and the accuracy or completeness of the content is assumed solely by you.
Neither TNTMAX, or any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service, even if such party has been advised of the possibility of such damages.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of TNTMAX, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
This Agreement shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in San Francisco, CA . This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted n the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. Sections 1, 2, 6, 8 and 9 shall survive any termination of this Agreement and any other provisions which by their terms or sense are intended to survive.
11. DISK USAGE AND BANDWIDTH.
There are no set limits on the disk space or data transfer (bandwidth) that we provide in our hosting plans. We want you to have the resources you need to build a solid online presence, and 99% of our customers will have more than enough disk space and bandwidth to meet their needs.
We do, however, require all customers to be fully compliant with our Terms and Conditions and utilize disk space and bandwidth in the normal and reasonable operation of a personal or small business website. While it is rare, we may need to put constraints on accounts that are using resources beyond what would be expected in the normal operation of a personal or small business website.
Typically, customers only run into issues if they use their accounts for storage or file sharing, which is not what our standard hosting services are intended to support. In accordance with our Terms and Conditions the disk space and bandwidth you use must be integrated into the normal operation of your website. We regularly monitor customer bandwidth and disk space utilization and 99% of our customers fall into normal or reasonable range.
If we have concerns about your account’s bandwidth or disk space utilization, you will receive an email asking you to reduce usage. Generally, we provide customers with at least 48 hours to make adjustments before taking their account offline.
12. LATE FEE POLICY.
Interest may be charged on any past due amount over 30 days at the lower of: (a) the highest permissible rate, or (b) 18% per annum, charged at 1.5% per month from the date on which such amount fell due until the date of payment, whether before or after judgment. The client acknowledges that any delay in payment over 30 days may result in termination or interruption of the provision of the Products and Services at our sole discretion. If TNTMAX uses a collection agency or legal action to recover monies due, you agree to reimburse TNTMAX for all expenses we incur to recover such monies, including attorneys’ fees. If you fail to pay on time and TNTMAX refers your account(s) to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 18 percent.