Terms of Service

Customer Satisfaction is Our Top Priority

The use of services from Tech Tonics, LLC [hereafter referred to as "Tech Tonics" and "techtonics.com"] constitutes agreement to these terms. You may view our Privacy Policy here.

Provider: Tech Tonics, LLC and its paid employees [herein referred to as "we," "us" or "our"].
Customer: Recipient of Service - individual, organization, or representative thereof [herein referred to as "account," "you" or "your"].
Service: Technical support, maintenance, upgrades, repairs, installation, training, documentation, technical advice, purchasing advice, web hosting, search engine optimization, web development, software development and other duties performed on behalf of Customer.
Content: Code, imagery, documentation and other creative works stored or produced by Provider on behalf of Customer.

1.) Account Setup / Contact Information
It is your responsibility to provide us with an email address and other contact information required to provide and bill for Service. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered by Tech Tonics, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date (information can be verified via WhoIs lookup, or by contacting Tech Tonics). Tech Tonics is not responsible for late fees, lapsed registration or loss of service due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact Tech Tonics.

Content Ownership
The holder of the account used for payment of Tech Tonics services is designated as the authorized owner of any content produced or hosted by Tech Tonics on your behalf. Content produced by Tech Tonics on your behalf may be withheld or become property of Tech Tonics unless payment for services is rendered.

Third Party Providers
All transactions with third party providers are solely between you and the third party provider. Tech Tonics is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. This includes purchases and other transactions made by Tech Tonics on your behalf. Tech Tonics does not provide retail services, and all third party goods and services purchased through Tech Tonics or upon Tech Tonics recommendation or referral are solely between you and the third party.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2.) Content
All services provided by Tech Tonics may only be used for lawful purposes. The laws of the State of California and the United States of America apply.

The customer agrees to indemnify and hold harmless Tech Tonics from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please contact Tech Tonics.

Examples of unacceptable material on Tech Tonics servers include:
  • Topsites
  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Push button mail scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • Anonymous or Bulk SMS Gateways
  • Escrow

Tech Tonics services, including all related equipment, networks and network devices are provided only for authorized customer use. Tech Tonics systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Tech Tonics system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Tech Tonics may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email pertaining to abuse of services within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.

Sites hosted on techtonics.com's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. techtonics.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like techtonics.com and many of techtonics.com's other web hosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, techtonics.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under techtonics.com's web hosting service(s).

If in doubt regarding the acceptability of your site or service, please contact Tech Tonics and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Tech Tonics reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Tech Tonics reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Tech Tonics.

4.) Payment Information
You agree to supply appropriate payment for the services received from Tech Tonics, in advance of the time period during which such services are provided at the discretion of Tech Tonics. You agree that until and unless you notify Tech Tonics of your desire to cancel any or all recurring services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the Tech Tonics contact form. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a Customer of Tech Tonics, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Tech Tonics of your desire to cancel any or all recurring services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Tech Tonics. Tech Tonics reserves the right to bill your credit card or billing information on file with us. Tech Tonics provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 30 days and not paid will result in a pro-rated late fee of 1.5% per 30 day period and/or suspension of Service until account balance has been paid in full. The late fee is applied in addition to whatever else is owed to Tech Tonics for services rendered. Access to the account will not be restored until payment has been received.

Notices and invoices are provided as a courtesy reminder and Tech Tonics cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal, available updates or unpaid invoices.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to contact Tech Tonics for any domain registration cancellation. No refunds can be given once a domain is renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact Tech Tonics

Tech Tonics reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Tech Tonics is not responsible for files and/or 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 Tech Tonics servers.

6.) Cancellations and Refunds
Tech Tonics reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Tech Tonics is not responsible for any change in exchange rates between time of payment and time of refund.

Customers may contact Tech Tonics to discuss cancellation of services.

There are no refunds on Services rendered. Refunds for third party services must be negotiated between you and the third party. Eligibility of said refunds will be determined at the time of cancellation.

7.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Tech Tonics harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Tech Tonics, 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 Tech Tonics against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Tech Tonics; (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 Tech Tonics' server(s).

8.) Arbitration By using any of Tech Tonics services, you agree to submit to binding arbitration. If any disputes or claims arise against Tech Tonics or its subsidiaries, such disputes will be handled by an arbitrator of Tech Tonics's choice. An arbitrator from the Better Business Bureau will be selected in the state of California. All decisions rendered by the arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

9.) Disclaimer
Tech Tonics shall not be responsible for any damages your business may suffer. Tech Tonics makes no warranties of any kind, expressed or implied for services we provide. Tech Tonics 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 Tech Tonics and its employees.

10.) Disclosure to law enforcement
Tech Tonics may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

11.) Severability
If any provisions of this Agreement shall be held to be inapplicable, invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

12.) Changes to the TOS
Tech Tonics reserves the right to revise its policies at any time without notice.

If you feel that we are not meeting your service expectations, you should contact us immediately.
 (415) 598-TECH [8324]  Contact Form