Important Notice
All payments to Total Care Hosting LLC are non-refundable if your account is terminated for a violation of the Total Care Hosting LLC's AUP or TOS agreements.
This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of Total Care Hosting LLC., for web hosting services. You certify that you are at least 18 years of age. To become a Total Care Hosting LLC account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by Total Care Hosting LLC. This Agreement will become effective when accepted by Total Care Hosting LLC. By posting notice 30 days in advance at a web page available on our website (http://totalcarehosting.com), Total Care Hosting LLC may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.
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Scope of Services and Your Obligations
This Agreement defines the terms and conditions of Total Care Hosting LLC's services as offered by Total Care Hosting LLC and used by you, including the provision of web hosting services on Total Care Hosting LLC's servers and connectivity to the Internet (the "Services"). Total Care Hosting LLC will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, Total Care Hosting LLC maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
Total Care Hosting LLC reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason it in good faith deems necessary. Total Care Hosting LLC will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Total Care Hosting LLC's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Total Care Hosting LLC is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Total Care Hosting LLC will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Total Care Hosting LLC has a policy of terminating account holders who are copyright infringed appon For more information,please visit the Copyright Infringement section of this Agreement.
Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on Total Care Hosting LLC's servers nor the links to other websites are screened, approved, reviewed or endorsed by Total Care Hosting LLC. Total Care Hosting LLC is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not Total Care Hosting LLC's statements of advice, opinion or information.
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Payments Policies, Fees, and Refunds
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are non refundable.
Every hosting account with Total Care Hosting LLC features a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by opening a ticket addressed to billing from your control - panel and we will refund all routine account fees, exclusive of any set up or domain names fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees. Total Care Hosting LLC will only allow for the refund if cancellation is not the fault of the client, as determined by Total Care Hosting LLC. Accounts cancelled/terminated by Total Care Hosting LLC for violating our Restrictions policy do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
Domain registration/setup fees are non refundable. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Total Care Hosting LLC of cancellation. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Total Care Hosting LLC reserves the right to change prices at any time.
If your website has an overdue balance, our automated billing system will suspend your account until you pay the overdue balance. Please note that it is your responsibility to keep your account current. You can check your account balance at any time by clicking "billing history" from your control - panel .
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60 Day Money Back Guarantee
All Web Hosting plans include a 60 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus setup fees and overage charges) if you cancel your account within 60 days of the activation of your account. Our refund policy does not apply to any additional items or services; this includes but is not limited to Data Storage, Data Transfer, MySQL Databases, FTP Logins, and Sub Domains. Also not included are Domain Registrations as well as Reseller programs. Because it is not possible to return a Miva license that you may have received, your refund amount will be reduced by $25 if you were issued a Miva license. This money back guarantee is not available after 60 days. Any request for cancellation must be received via the sales support ticket and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.
The 60 day money back guarantee does not apply to custom plans created for individual users , or any fees associated with these accounts.
Accounts cancelled/terminated by Total Care Hosting LLC for violating our Restrictions policy do not qualify for the 60-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
Please allow at least 4-6 weeks for refunds of check or money order payments.
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Terms
The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of New Jersey (without regard to conflicts of laws principles).
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Limitation of Liability
Total Care Hosting LLC shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Total Care Hosting LLC servers going off-line or being unavailable for any reason whatsoever. Furthermore, Total Care Hosting LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Total Care Hosting LLC servers. All damages shall be limited to the immediate termination of service.
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Indemnification Policy
You agree to use all Total Care Hosting LLC services and facilities at your own risk. Total Care Hosting LLC specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Total Care Hosting LLC be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD Total Care Hosting LLC HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY Total Care Hosting LLC. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Total Care Hosting LLC HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Total Care Hosting LLC, 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 Total Care Hosting LLC AGAINST LIABILITIES ARISING OUT OF:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Total Care Hosting LLC's server;
(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 customer from Total Care Hosting LLC's server.
Total Care Hosting LLC shall be the sole judge of what violates this Policy.
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Account Cancellations
To cancel your account, please submit a sales support ticket from the control - panel . You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are non refundable.
NOTE: Total Care Hosting LLC charges a $25.00 fee for returned checks and a $75 fee for charge backs. For international customers, if you are sending a check/money order the amount must be drawn in US dollars. You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Total Care Hosting LLC that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.
If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. All totalcarehosting.com accounts must be paid in full before the cancellation will be considered complete.
Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify Total Care Hosting LLC to formally cancel your account by submitting a ticket to our billing department from the control - panel to avoid further charges.
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Account Changes
Most account maintenance issues can be handled from the control - panel . Simply access your portal and submit a ticket to the Billing department. If you need to cancel your account, please see our instructions for canceling an account. There is a one-time fee of $20 for replacing an existing account domain name with another domain name, whether from spelling error(s) or other purposes. This service can be requested thru the control - panel .
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Account Ownership
Total Care Hosting LLC is only responsible to the present owner of the web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your website and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or website.
If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to our servers. Once the website is published to our servers the account owner has retained ownership of that content.
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Reporting Alleged Copyright Infringment
Total Care Hosting LLC has designated an agent to receive notifications of alleged copyright infringement on our servers. If you believe your copyrighted work is being infringed on a Total Care Hosting LLC server, please notify us at the following email address:
abuse (at) totalcarehosting.com
In notifying us of the alleged copyright infringement, please be sure to include the following information:
- a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
- a description of the infringing material and information sufficient to permit Total Care Hosting LLC to locate the material;
- contact information for you, including your address, telephone number and/or email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
- a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
- a physical or electronic signature of the copyright owner or a person authorized to act on its behalf.
Failure to include all of the above-listed information may result in a delay of the processing of your complaint. Total Care Hosting LLC. will terminate the online privileges of users who infringe the copyright of others.
For more information on the Digital Millennium Copyright Act please click here.
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Domain Registration/Transfer
It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire. If you do not keep your domain name's registration current, then the domain registration will expire and the domain would then become available for others to register. It is your responsibility to be certain that you keep your domain name registered. You can check the expiration date of your domain's registration here .
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Email Policy
Total Care Hosting LLC may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups*.
Client is responsible for keeping email storage on hosting account below 10 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora.
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SPAM Policy
Total Care Hosting LLC is committed to a zero-tolerance , anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Total Care Hosting LLC network, by customers or any other users of the Total Care Hosting LLC network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Total Care Hosting LLC server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an Total Care Hosting LLC email address or website URL is prohibited. The use of Total Care Hosting LLC servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $500.
If you have any complaints or comments regarding Spam on our network, please direct them at to abuse (at) totalcarehosting.com we ask that you include an attachment with full mail header to better help our engineers track and stop any potential spam.
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Content Policy
All services provided by Total Care Hosting LLC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Total Care Hosting LLC from any claims resulting from the use of the service which damages the subscriber or any other party.
Total Care Hosting LLC will be the sole arbiter in determining violations of this provision.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Total Care Hosting LLC servers or any other server on the Internet. Links to such materials are also prohibited.
Legal Adult content is acceptable
Examples of unacceptable content or links:
a. Pirated software.
b. Hackers material
c. Child pornography
d. Warez Sites (Cracks to licensed software for example)
e. Illegal audio/video (illegal mp3, illegal recorded samples) Any of the above will result in your site being shut down and all your files deleted without warning.
Total Care Hosting LLC will be the sole arbiter as to what constitutes a violation of this provision.
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CGI Script Policy
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Total Care Hosting LLC customers. You will be notified in 24 hours about offending cgi script. No chat room or similar scripts allowed.
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Traffic Policy
Total Care Hosting LLC allows for very generous traffic, and most sites never exceed 10G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Total Care Hosting LLC customers are discouraged from storing any files that cause excessive traffic on Total Care Hosting LLC servers. Please contact Total Care Hosting LLC Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to Total Care Hosting LLC or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
You will be charged for transfer that you use beyond the defined data transfer limits without prior notification. We will notify you via email when you are nearing your data transfer limit. You can just upgrade to a higher plan if you need additional bandwidth transfer above what is allowed with a higher hosting package, please contact us and we will be happy to assist you.
Please note that it is your responsibility to make sure that you have sufficient bandwidth transfer remaining for your web pages. If your website has used all the bandwidth transfer that you have purchased, our system will suspend your account until you contact us to purchase additional bandwidth transfer.
All bandwidth will be charged at a rate of $1.50/GB for normal acceptable overages. All bandwidth with be charged at a rate of $2.50/GB for violations of the TOS and AUP agreements.
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Backup Policy
Full backups are made weekly to offsite servers, and backups of new/changed data made nightly to secondary Hard drives. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content any information. The "Site Management Tools Backup" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Total Care Hosting LLC, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Total Care Hosting LLC will attempt to recover the data from the most recent archive for a $15.00 fee.
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TotalBackups Policy
Service Refusal :
Total Care Hosting LLC reserves the right to refuse service to anyone for any reason, and to cancel any accounts for any reason. Upon such unexplained account termination, a customer is entitled to request a refund of the prior month's service fees.
Disclaimers :
Although we try to maintain a very high service availability, the services provided by Total Care Hosting LLC are not designed for mission critical use, and should not be used for such purposes. Our services should only be used for fault-tolerant purposes which allow for failure.
THESE SERVICES ARE PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL Total Care Hosting LLC OR ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, OR ASSOCIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
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Privacy
We use your IP address to help diagnose problems with our server, and to administer our website.
Our site uses an order form for customers to request information, products, and services. We collect visitor's contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to generate accounts. The customer's contact information is also used to get in touch with the customer when necessary. Financial information that is collected is used to bill the user for products and services.
- Registration:
In order to register for our service(s), the user is required to supply his / her Full Name, Company Name, Full Address, Phone Number, E-mail address, username, and domain name.
- To register for Web Hosting, the user must also supply a username, password and domain name. To use the Search Engine submission tool, the user must supply their domain name / URL.
Sharing of Information:
Total Care Hosting LLC uses the above-described information to contact our clients in regards to changes in our services. Information that is collected is not shared with or sold to any third party, with the following exceptions:
Domain Registration - In order for Total Care Hosting LLC to register / modify domain names, the above information is submitted to enom.com or one of our other ICCAN-accredited domain registrars. Total Care Hosting LLC is not responsible for the privacy practices of those Web-Sites described above to whom which we must provide information.
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Resellers
- You provide billing to your customers. We do not bill your customers. We bill you for the domain and space, then you turn around and bill them for your cost from us and your services in addition to that.
- We can only allow you to be a reseller if you are paying by credit card
- Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly.
- Your customers are given a limited amount of transfer and if we feel that one of your customers is using up more transfer than allocated or is taking up too much of the CPU usage then we will need to pass some of the extra cost on to you and you will need to pass it on to your customer. You will need to put that in your terms and conditions for the hosting.
- You agree that neither you nor your customers can hold us responsible for services that you offer.
- Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts
- If you abuse our services, we reserve the right to cancel your account, which will also cancel your customers accounts.
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VPS Client
- The 14 day money back is offered on all VPS accounts excluding fees for control panels. The 14 day money back does not apply should you
1) Choose a product combination which we would not consider unstable.
2) We cancel your account due to TOS breach
3) You request a refund due to non-use of the VPS.
4) You request a refund due to a technical issue that you have not bought to our attention via a support ticket.
5) You request a refund due to inability to use the basic functions of a VPS
- We will provide data traffic totaling the amount agreed to during your signup process. You will have the ability to halt traffic after reaching this level, or continue and pay a fee for each unit of bandwidth above and beyond the standard amount. The standard amount of bandwidth you are allotted (which is allotted in both upstream and downstream directions) is made specifically clear to you during signup, as is the unit that that bandwidth is measured in, as is the per unit cost of extra bandwidth.
- Our SLA is 99.98%. Downtime is not counted if it is planned or caused by a client mistake.
- On VPS we make backups for disaster recovery. You are soley resonsible for making sure your data is backed up.
- You agree that neither you nor your customers can hold us responsible for services that you offer.
- Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts
- If you abuse our services, we reserve the right to cancel your account, which will also cancel your customers accounts.
- The purchaser of a product is responsible for its use and will be liable for any charges that come about from misuse or over usage
- Under no circumstances are any VPS allowed to run IRC. Running such will be ground for immediate termination of your account and considered breach of out TOS and AUP.
- Cancellations for a VPS must be made 7 days before the billing date via email to:billing (at) totalcarehosting.com.
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Contact Us
Contact us using the Support Center located in the control - panel if your question was not answered in this Policy or you can always send an email to
sales (at) totalcarehosting.com.
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