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Terms Of Service and Agreements

Twin Code Media Service Agreement

Last Updated: Oct 1, 2024

This document outlines the Terms of Service (referred to as “ToS,” “Terms,” or “Agreement”) that, together with any Additional Terms and Policies, represent the complete legal framework between you and Twin Code Media regarding your access and use of our website (https://www.twincodemedia.com & https://www.twincodehosting.com, including all its subdomains, additional top-level domains, and mobile applications) as well as any products, services, and information provided by Twin Code Media (“we,” “us,” “our”).

Before you proceed to purchase any service from us, please confirm that you have read, understood, and agreed to these Terms of Service (Terms of Use) by selecting the relevant checkbox.

Below is a list of Additional Terms and Policies that, together with this General Terms of Service, form part of this Agreement:

– Service Agreement
– Website Usage Terms
– Resource Use Agreement
– Third-Party Services
– Additional Services Terms
– Domain Registration Terms
– Copyright and DMCA Policy
– Cancellations and Refund Policy
– Promotions
– Cookie Policy
– Privacy Policy

This Agreement replaces and nullifies any prior agreements regarding the same subject matter. Any previous agreements will no longer be valid.

Non-Compliance with Terms, Conditions, or Policies

Should you violate any of the Terms, Conditions, or Policies outlined in this document, Twin Code Media reserves the right to temporarily or permanently suspend your web hosting account or access to the Client Area. Furthermore, in the event of a violation, we may permanently remove any associated web hosting account, with or without the suspension of your Client Area access.

If any illegal or prohibited content is hosted on any of the websites within the Twin Code Media global network, we reserve the right to deny access to such websites without prior notice.

Terms Defined in Our Service Agreement

The following terms will be encountered throughout our Terms of Service, additional agreements, policies, and on our website:

– “us,” “we,” “our,” “Twin Code Media,” or “the Company” indicates Twin Code Media, the owner of the website and provider of the services thereon.
– “visitor” signifies an individual or automated entity exploring our website without being registered as an official “customer” of our services.
– “Member” or “Customer” refers to anyone who has registered on our platform and who is currently using or has previously used our services.
– “User” serves as a blanket term to encompass both visitors to our website and members utilizing our services.
– “Service” denotes the functionalities, web hosting products, or supplementary services related to our web hosting technology.
– “Content” refers to any static resource, such as text, information, graphics, audio, video, and other forms of data.

Service Agreement

This Service Level Agreement (referred to as ToS or simply the “Agreement”) governs all services offered by Twin Code Media to its customers (clients, users). By purchasing any web hosting or additional services from Twin Code Media, you explicitly agree to these Terms of Service.

 

Account Eligibility

All services provided by Twin Code Media are intended for individuals who are eighteen (18) years or older. By procuring a service from us, you confirm that you meet this age requirement; otherwise, this is deemed unauthorized use and a violation of our Terms.

If our services are accessed on behalf of another entity, you assert that you possess the authority to bind that entity to our Terms of Service. If it is determined that you lack the legal capacity to represent that entity, you will be held accountable pursuant to our Terms.

You also agree to provide accurate, current, and complete information (including business name, address, phone number, email address, and billing information) as required during the purchase process.

 

Acceptable Use Policy

You agree that Twin Code Media’s services are strictly for lawful purposes. You are responsible for ensuring compliance with applicable laws, regulations, and standards in your use of our services. We reserve the right to remove any content that violates our Terms.

The following types of content are strictly prohibited, and you may not use Twin Code Media’s services to store or publish such content (including links to third-party services):

– Sensitive personal information
– Content that infringes on intellectual property rights
– Pirated software, warez, torrent trackers, etc.
– Phishing and malicious content (viruses, trojans, worms, etc.)
– Inappropriate content, etc.
– Distribution of controlled substances, drugs, and prescription medications
– Promotion of violence, terrorism, or hate against particular social, ethical, or religious groups

Additionally, the following activities are prohibited, and you may not use our services for such purposes (including links to third-party services):

– Bulk spamming and email spoofing
– Denial of service attacks and port scans
– Audio and video streaming
– Anonymous proxy services
– Cryptocurrency mining or pool activities
– Hacking or cracking-related activities

 

Order Processing

The personal information gathered during the registration will be used for account creation and will serve as ownership details for all services associated with the account. You authorize Twin Code Media to use and share your personal information with third parties to verify and confirm your billing information necessary to complete your order.

All orders placed with Twin Code Media are subject to security scans. If any order triggers our security protocols, it will be manually reviewed by our Order Verification team. The invoice will be canceled, and no payment will be processed. In such cases, you will be notified via email, and we might request additional information to activate your requested service. We are not obligated to provide services in case of failing our verification process.

After payment is confirmed, the service related to your order will be deemed active. Twin Code Media offers instant account activation for services that are explicitly marked as such. Services requiring manual intervention or custom setup will be handled with timely updates. A service is only considered available once you receive written confirmation from Twin Code Media.

 

Payments

It is your responsibility to ensure timely payment for the fees associated with the services specified in your order. All fees must be paid in advance for the entire billing term selected. Twin Code Media is not required to provide any services until payment is received.

Services are set to automatically renew to prevent interruptions. You agree to be billed automatically for subsequent periods of equal duration unless you cancel the service or disable the auto-renew option. Renewal invoices will be generated fourteen (14) days in advance, and attempts to charge the payment method on file will occur seven (7) days before the due date.

If a payment fails, we may continue attempting to collect from your provided payment method, suspend, and/or terminate your service. Twin Code Media will make reasonable attempts to notify you regarding service renewal prior to the due date and in cases of payment failure.

We hold no liability for any losses (including files, databases, emails, or domain names) resulting from service suspension or termination due to payment failure.

 

Late Payments:

Hosting & Servers: Accounts will have a 48-hour grace period post-expiration and will be suspended afterward. Accounts overdue for more than 30 days will be terminated, and data will be permanently deleted.

Maintenance Service: Maintenance Service will have a 48-hour grace period post-expiration and will be suspended afterward. Accounts overdue for more than 30 days will be terminated, and data will be permanently deleted.

Domain Names: Domain registrations are due on their exact expiration date and will enter hold status immediately after expiration. Due to domain nature, no additional grace period will be given.

If any discrepancies arise regarding charges processed by Twin Code Media, you must notify our team immediately. Chargebacks initiated may result in service suspension until the matter is resolved. Twin Code Media is not responsible for any fees that may endure if the Client is unable to pay or if the payment fails. A charge of five (5) percent monthly will apply to all
outstanding balances more than fifteen (15) days overdue.
Fraudulent use of payment methods constitutes a violation of our Terms and may be reported.

 

Pricing and Renewal of Services

To clarify our pricing structure, we define two key sets of terms:

– “Sign-Up Price,” “Initial Price,” “Promotional Price,”** and **”First Payment Amount”**: These relate to the first invoice payment for your purchased Web Hosting Service.

– “Renewal,” “Renewal Price,” “Standard Price,”** and **”Regular Price”**: This refers to the cost of subsequent invoices for renewing the Web Hosting Service after the initial prepaid term.

By accepting our Terms of Service, customers recognize that any Initial Price pertains solely to the first payment for any purchased service.

Most subsequent invoices are typically set at the regular price found on our product pages, which may differ from the initial fee.

In determining our service pricing, we consider various factors, including:

– Infrastructure costs
– Labor costs in regions where Twin Code Media operates
– Third-party services directly or indirectly related to our Web Hosting Solutions

Twin Code Media reserves the right to change pricing and renewal fees at any time, with or without cause based on the aforementioned factors.

 

Resource Utilization

Customers agree to utilize hardware resources, including Disk Space, CPU, and RAM, solely for the purpose of the Web Hosting Service. Resource limitations may be based on law, Twin Code Media’s Terms of Service, or the specifications listed on our website.

It is the customer’s responsibility to maintain their hosting services in good standing to avoid any adverse effects on others.

 

Technical Support Services

Technical Support Services include any assistance or responses provided as a result of inquiries made to our support team. Twin Code Media offers complimentary Technical Support to all our Web Hosting packages.

While we strive to assist with both technical and non-technical matters, our support is not guaranteed and does not cover issues unrelated directly to our services. If an issue becomes too complex for resolution, we will provide customers with:

– Detailed information regarding the issue and its known causes
– An explanation of why we cannot assist further
– A report summarizing attempted solutions

Additional fees may apply under several circumstances, including:

– If issues arise from third-party products/services
– If excessive time is needed for resolution
– If development-related assistance is necessary
– If customers submit a significant number of support requests

By submitting a request to our support team, you grant us authorization to manage your hosting account comprehensively.

While we will endeavor to meet expected timeframes for resolving issues, we do not guarantee resolution or specific outcomes.

Twin Code Media retains the right to refuse Technical Support services to customers when justifiable reasons are provided.

 

Service Uptime

Twin Code Media strives to maintain excellent service uptime. However, as a reseller of third-party hosting services, we cannot guarantee 100% uptime. Our service availability depends on the performance of our hosting partners.

Service Exemption

Twin Code Media holds no liability for unavailable Web Hosting Services resulting from factors outside our control, including but not limited to:

– Scheduled maintenance of our infrastructure
– Events beyond our reasonable control
– Violations of our Terms of Service
– Force majeure events, including natural disasters, utility failures, and cyberattacks

 

Maintenance Windows

Given the complexity of our technology, regular maintenance is necessary to keep systems up to date. Twin Code Media may conduct both scheduled and unscheduled maintenance to ensure optimal performance. Maintenance might involve hardware repairs, software updates, and more, with minimal impact to customer websites.

 

Third-Party Services

Our Web Hosting services may include third-party software or services to enhance functionality and security. Customers acknowledge that Twin Code Media is not responsible for any service disruptions caused by these third-party solutions.

Twin Code Media is not obligated to provide compensation for downtime.

Promotions

Customers should be aware that all Web Hosting Services may be subject to additional Terms of Service related to ongoing promotions. Detailed information on promotional Terms can be requested through our support channels.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Twin Code Media, ITS DIRECTORS, EMPLOYEES OR AGENTS BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY TYPE AND NATURE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR LOSS OF REVENUE, COST SAVINGS, BUSINES,ANY LOSS OF DATA OR CORRUPTION OF DATA, RESULTING FROM YOUR USE OF OUR SERVICES OR ANY FAILURE, DELAYS, MALFUNCTIONS, SUSPENSION, NETWORK FAILURE, SERVER FAILURE, SOFTWARE OR HARDWARE FAILURE, OR THE NEGLIGENCE OF Twin Code Media. THE PRECEDING LIMITATIONS SHALL APPLY EVEN IF Twin Code Media WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL Twin Code Media BE LIABLE TO YOU WITH RESPECT TO THIS AGREEMENT OR UNDER ANY OTHER AGREEMENT FOR AN AMOUNT GREATER THAN THE FEES PAID FOR OUR SERVICE(S) DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO THE INITIAL ACTION GIVING RISE TO SUCH LIABILITY. THIS IS AN AGGREGATE LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE ABOVE LIMITATION WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND YOUR RIGHTS WILL NOT BE AFFECTED.

 

Backup Services

Twin Code Media conducts regular backups to our hosting services on a best-effort basis. While we strive for accuracy, customers are solely responsible for maintaining independent backups apart from what we provide.

Data on Virtual Private and Dedicated Servers is not automatically backed up unless you subscribe to that service.

 

Free Migration Policy

We provide free website migration services with certain hosting packages. If further migrations are needed, fixed pricing will apply. Please note that customers are responsible for configuring DNS records post-migration.

By requesting migration services, you grant Twin Code Media access to your previous hosting provider for completion. Please be aware that successful migration cannot be guaranteed due to various external factors.

 

Termination of Services

Twin Code Media reserves the right to terminate this Agreement or suspend services without prior notice under circumstances such as non-payment or violation of our Terms. Additionally, we may end services with seven (7) days’ notice if they become impractical or unfeasible for any reason.

 

Indemnification

You agree to indemnify and hold harmless Twin Code Media its directors, officers, affiliate, employees, agents, and any third parties against and from any claims, damages, losses, liabilities, suits, actions, demands, proceedings arising from your use of our services or any violation of our Terms.

 

Changes to Terms

Twin Code Media reserves the right to modify its Terms at any time. Updates will be posted, and material changes will be communicated via email or notice on our website. Continued use of our services and website following changes to the Terms indicates acceptance of the new Terms and Conditions. If you disagree, you are encouraged to cancel your services.

Order Processing

The personal information gathered during the registration will be used for account creation and will serve as ownership details for all services associated with the account. You authorize Twin Code Media to use and share your personal information with third parties to verify and confirm your billing information necessary to complete your order.

All orders placed with Twin Code Media are subject to security scans. If any order triggers our security protocols, it will be manually reviewed by our Order Verification team. The invoice will be canceled, and no payment will be processed. In such cases, you will be notified via email, and we might request additional information to activate your requested service. We are not obligated to provide services in case of failing our verification process.

After payment is confirmed, the service related to your order will be deemed active. Twin Code Media offers instant account activation for services that are explicitly marked as such. Services requiring manual intervention or custom setup will be handled with timely updates. A service is only considered available once you receive written confirmation from Twin Code Media.

 

Payments

It is your responsibility to ensure timely payment for the fees associated with the services specified in your order. All fees must be paid in advance for the entire billing term selected. Twin Code Media is not required to provide any services until payment is received.

Services are set to automatically renew to prevent interruptions. You agree to be billed automatically for subsequent periods of equal duration unless you cancel the service or disable the auto-renew option. Renewal invoices will be generated fourteen (14) days in advance, and attempts to charge the payment method on file will occur seven (7) days before the due date.

If a payment fails, we may continue attempting to collect from your provided payment method, suspend, and/or terminate your service. Twin Code Media will make reasonable attempts to notify you regarding service renewal prior to the due date and in cases of payment failure.

We hold no liability for any losses (including files, databases, emails, or domain names) resulting from service suspension or termination due to payment failure.

 

Late Payments:

Hosting & Servers: Accounts will have a 48-hour grace period post-expiration and will be suspended afterward. Accounts overdue for more than 30 days will be terminated, and data will be permanently deleted.

Maintenance Service: Maintenance Service will have a 48-hour grace period post-expiration and will be suspended afterward. Accounts overdue for more than 30 days will be terminated, and data will be permanently deleted.

Domain Names: Domain registrations are due on their exact expiration date and will enter hold status immediately after expiration. Due to domain nature, no additional grace period will be given.

If any discrepancies arise regarding charges processed by Twin Code Media, you must notify our team immediately. Chargebacks initiated may result in service suspension until the matter is resolved. Twin Code Media is not responsible for any fees that may endure if the Client is unable to pay or if the payment fails. A charge of five (5) percent monthly will apply to all
outstanding balances more than fifteen (15) days overdue.
Fraudulent use of payment methods constitutes a violation of our Terms and may be reported.

 

Pricing and Renewal of Services

To clarify our pricing structure, we define two key sets of terms:

– “Sign-Up Price,” “Initial Price,” “Promotional Price,”** and **”First Payment Amount”**: These relate to the first invoice payment for your purchased Web Hosting Service.

– “Renewal,” “Renewal Price,” “Standard Price,”** and **”Regular Price”**: This refers to the cost of subsequent invoices for renewing the Web Hosting Service after the initial prepaid term.

By accepting our Terms of Service, customers recognize that any Initial Price pertains solely to the first payment for any purchased service.

Most subsequent invoices are typically set at the regular price found on our product pages, which may differ from the initial fee.

In determining our service pricing, we consider various factors, including:

– Infrastructure costs
– Labor costs in regions where Twin Code Media operates
– Third-party services directly or indirectly related to our Web Hosting Solutions

Twin Code Media reserves the right to change pricing and renewal fees at any time, with or without cause based on the aforementioned factors

Third-Party Services

The following Third-Party Terms of Service apply to any additional services integrated with our Web Hosting Service. By purchasing any of our Web Hosting Packages, the customer agrees that Twin Code Media services may include third-party services aimed at:

  • Enhancing the existing service.
  • Improving user experience.
  • Adding new functionalities.
  • Enhancing security.
  • Boosting performance.

By using our Web Hosting service after purchase, the customer acknowledges and agrees to the use of any third-party services included in the package.

Twin Code Media reserves the right to add, update, or remove any third-party services without prior notice.

Twin Code Media also reserves the right to change pricing and apply additional charges for any bundled or added third-party services without prior notice.

The customer agrees to the use of the following third-party services included in our Web Hosting packages:

  • cPanel/WHM: A powerful web hosting control panel provided free of charge or at a fixed rate determined by TwinCodeMedia. It is a Linux-based graphical user interface for managing web hosting accounts and related services.
  • CloudLinux: A Linux distribution created for shared hosting providers, based on CentOS and provided by CloudLinux Inc.
  • JetBackup: An additional functionality for cPanel/WHM that graphically represents backup and restore processes for customer accounts.
  • Softaculous: An additional functionality for cPanel/WHM that allows customers to easily install web scripts on their hosting accounts with a few clicks, supporting over 450 web scripts.
  • SitePad: An additional functionality for cPanel/WHM that provides a drag-and-drop web builder, allowing customers to build websites using design themes or custom designs.
  • SpamExperts: An additional functionality for cPanel/WHM and email services, used to scan and filter inbound and outbound emails for spam, viruses, or malicious links.

TwinCodeMedia reserves the right to update these Third-Party Terms of Service as needed without prior notice.

Cancellations and Refunds

Twin Code Media Cancellations and Refund Policy was last modified on Oct 1, 2024

Cancellation is the act of terminating a Service or Product from Twin Code Media. Customers can submit cancellation requests for hosting and maintnance via the Client Dashboard or by opening a ticket with our Billing Department.

Billing and Renewal Policy
Services are billed on an annual basis. Customers may cancel a recurring service by submitting a cancellation request. Our web hosting solutions automatically renew to ensure website accessibility and data security. Renewal payments are not covered by our money-back guarantee.

Refunds are available if cancellation requests are submitted before the renewal date, but less than seven (7) days prior. If no cancellation request is made before the renewal date, no refund will be given. Customers will receive renewal notifications via email 14 days, 7 days, and on the renewal date.

Customer Obligations
Customers must keep their email address up-to-date to receive renewal notifications and ensure that all payment information is current. Renewal payments are due within 24 hours after the due date; failure to pay may result in account suspension. Data retention for non-renewed accounts is limited to five (5) days, while VPS or Dedicated Server accounts retain data for 24 hours after cancellation.

Customer-Initiated Cancellation
Customers can choose between:

Immediate Cancellation: Service is terminated immediately.
Next Due Date Cancellation: Service remains active until the next due date.
Data will be retained for a limited time post-cancellation, after which it will be permanently deleted.

Twin Code Media-Initiated Cancellation
Twin Code Media may cancel services for any reason, including violations of our Terms of Service, without prior notice or refund responsibilities. Customers will have a grace period to address any violations.

Money-Back Policy
Refunds are available for initial orders within:

45 days for Shared Hosting
7 days for VPS or Dedicated Servers
Exclusions apply for upgrades and services that have been active beyond specified periods.

Chargebacks and Disputes
Customers must notify Twin Code Media before initiating chargebacks or disputes. Access to services will be suspended during disputes until resolved or outstanding balances are paid.

Payment Terms:

The Client agrees to pay the monthly fee selected for there services outlined.

After the 1 year term is complete, the payment plan will continue as previously selected. Twin Code Media is not responsible for any fees that may endure if the Client is unable to pay or if the payment fails. A charge of five (5) percent monthly will apply to all outstanding balances more than fifteen (15) days overdue. If the Client has not paid within 30 days Twin Code Media may stop their services.


The Service Term

All Web Maintenance packages and Web Hosting Services are provided on a 12-month term with automatic renewal. After the initial 12 months, the term will automatically renew, and payment will be processed according to the originally selected payment plan. The client may cancel or modify this payment plan after the first year with a 15-day notice or in their Client account. Twin Code Media reserves the right to terminate this service at any time with a 15-day written notice to the client. Twin Code Media reserves the right to add or remove any feature of a service at any time.


Start Date

The service will be activated upon receipt of the Client’s full initial payment. By making this payment, the Client agrees to the Terms of Service and the conditions specified in this Agreement.

 

Maintenance & Service Requests

Submission of Requests

All maintenance requests must be submitted via E-mail (support@twincodehosting.com) or our designated ticket system for request here. A request should include detailed information about the issue, including the location, nature of the problem, and any other relevant details.

 

Processing Time

To ensure timely and efficient handling of support tickets, all tickets and any necessary content or changes must be submitted by the 5th of every month. This allows us to prioritize and aim to complete your requests within the same month.

 

Response and Resolution

Upon receipt of a support ticket, our team will review the details and prioritize the request based on urgency and impact. We aim to respond to all tickets within two business days and provide an estimated timeline for resolution.

Follow-Up

After the support work is completed, we will follow up to ensure the issue has been resolved to your satisfaction. If further action is needed, please notify us promptly.