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January 2018

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Terms of Use Policy
Upon signing up for TSM's services, all customers agree to comply with TSM's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using TSM's services with due regard to the rights of other Internet users and in conformity with the requirements of TSM's network environment. The TOU are not exhaustive and TSM reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.tsmintl.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse@tsmintl.com

A. All TSM International Customers
B. TSM Web Hosting & E-commerce Customers
 
A. All TSM International Customers 

Actions Taken by TSM International
 
The failure by a customer to meet or follow any of the Terms of Use (TOU) is grounds for account deactivation. TSM will be the sole arbiter as to what constitutes a violation of the Terms of Use. TSM reserves the right to remove any account without prior notice. When TSM becomes aware of an alleged violation of its Terms of Use ,TSM will initiate an investigation. During the investigation, TSM may restrict a customer's access in order to prevent further potentially unauthorised activity. Depending on the severity of the violation, TSM may, at its sole discretion, restrict, suspend or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offence, TSM will notify the appropriate law enforcement authorities of such violation. TSM does not issue credits for outages incurred through service disablement resulting from Terms of Use violations. TSM customers agree to indemnify and hold harmless TSM from any claims resulting from the use of our services that damages them or any other party. The TSM service is provided on an as-is-available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. TSM expressly disclaims any representation or warranty that the TSM service will be error-free, secure or uninterrupted. No oral advice or written information given by TSM, its employees, licensers or the like, will create a warranty; nor may you rely on any such information or advice. TSM and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service

Adult Content
Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Backup/Recovery
If a loss of data stored on TSM 's server occurs whilst using TSM 's services and is deemed that a loss of data is the fault of TSM. TSM will provide cost free backup and data recovery for lost data up until the last differential available. TSM shall be the sole arbitor of the cause of the data loss. If the cause of the data loss is the fault of the Customer, there will be a fee of £45.00 for any data recovered.

Child Pornography
The use of TSM's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. TSM is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify TSM of an infringement of your copyright, the DMCA requires that you:
  • Send your notification to TSM 's designated agent. You may choose any of the following three avenues for this notification:
    • Email to TSM at abuse@tsmintl.com or call 00 44 871 781 2205
  • Include in your notification the following information:
    • A physical or electronic signature of the copyright owner or a person authorised to act on the copyright owner's behalf (the "Claimant")
    • Identification of the copyrighted work(s) claimed to have been infringed
    • Identification of the material claimed to infringe the copyright(s), and enough information for TSM to locate it.
    • The Claimant's name, address, and telephone number(s).
    • A statement that the Claimant has a good faith belief that use of the disputed material is not authorised by the copyright owner or his agent.
    • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorised to act on behalf of the copyright owner

Customer Responsibility
Customers are required to use the TSM network responsibly. This includes respecting the other customers of TSM. TSM reserves the right to suspend and/or cancel service with any customer who uses the TSM network in such a way that adversely affects other TSM customers. While TSM may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, TSM does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when TSM becomes aware of any violation of the TOU or other user agreements, TSM may take any action to stop or correct such violation, including, but not limited to, denying access to TSM services and equipment or to the Internet. In addition, TSM may take action against a customer or a customer of such customer because of the activities of such customer. TSM anticipates that customers who offer Internet services will cooperate with TSM in any corrective or preventive action that TSM deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of TSM policy and TSM reserves the right to fine customers who breaks this clause up to $250,000 USD in damages

Illegal Use
TSM servers may be used for lawful purposes only. Transmission, storage or distribution of any information, data or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation, is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorisation; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Additionally, in purchasing TSM services, all TSM customers certify that they and/or the organisation they represent in procuring services from TSM are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organisations on the list contained in the Annex to Executive Order 13224 and all updates thereto. TSM reserves the right to fine customers who breaks this clause up to $250,000 USD in damages.

Modification
TSM reserves the right to add, delete or modify any provision of its Terms of Use at any time without notice.

Payment
All payments are subject to TSM s Billing Policy. By supplying your credit card for the payment of TSM charges, you authorise TSM to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with TSM's Billing policy.

Privacy
TSM is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, TSM urges its customers to assume that all of their on-line communications are insecure. TSM cannot take any responsibility for the security of information transmitted over TSM's facilities. Additional details on privacy and TSM's use of customer information can be found in TSM's Privacy Statement.

Server and System Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Service Limitation
TSM or its related persons shall not be held liable for any consequential, indirect, special, punitive, or incidental damages, whether foreseeable or unforeseeable, based on claims of the customer or its customers, (including but not limited to, claims for loss of data, goodwill, profits, use of money or use of the software, interruption in use or availability of data, stoppage of other work or impairment of other assets), arising out of breach of implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise, except only in the case of personal injury where and to the extent that applicable law prohibits exclusion of such liability. In no event will the aggregate liability which TSM and its related persons may incur in any action or proceeding arising out of performance or non-performance of this agreement exceed the total amount actually paid to TSM by the customer for the specific product or service that directly caused the damage.

Traffic/Bandwidth Overage
Customers using over their agreed monthly bandwidth allocation (calculated in GB), whilst using TSM services will be subject to a charge (as displayed on the price list). Bandwidth will be calculated as an average across the calendar month, and will be charged in areas for its use. If you expect to use over your agreed bandwidth allocation you will be able purchase a lower pre-committed rate from our sales team.

UCE (Unsolicited Commerce Email) - SPAM
Spamming, the sending of unsolicited mass email from or through an TSM server or using an email address that is maintained on an TSM machine is STRICTLY prohibited. TSM will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a website hosted on an TSM server, or if they sell or distribute software on their website that facilitates spamming. Violators will be assessed a minimum fine of £250.00 and will face immediate suspension. TSM also will enable precautions to monitor security and UCE on servers within European and United States guidelines.

Please report any instances of spamming from TSM specific servers/IP's to abuse@tsmintl.com detailing as much information as possible, clearly identifying the source of the unsolicited email. This will then be investigated, dealt with and replied to within 24 hours.

Viruses and Other Destructive Activities
Use of TSM's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use TSM's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.


B. TSM Web Hosting & E-commerce Customers 
 

The following Terms of Use apply only to TSM's Web Hosting and E-Commerce customers, and supplement the terms above in section A that apply to all TSM customers:

Background Running Programs, Scheduled Tasks and Cron Jobs*
TSM may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact TSM at support@tsmintl.com so that we can arrange set-up.

CGI Scripts*
CGI script sharing with domains not hosted by TSM is not permitted. Any CGI scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Chat Rooms*
TSM does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge,

Databases*
Any database stored on TSM 's servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

Email Distribution
TSM provide no limits for personal email use, through POP3 and SMTP email functions. Commercial email, even if within our UCE guidelines, will be limited to 250 individual respondant emails per day. Any daily overage will be charged at TSM's discretion. If you wish to provide mail functionality to your company on a larger scale please contact sales@tsmintl.com to make special arrangements

IRC
TSM does not allow IRC or IRC bots to be operated on our servers.

Multimedia Files*
Multimedia files are defined as any graphics, audio, and video files. TSM shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any website whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Server Resources*
Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. TSM shall be the sole arbiter of what is considered to be a high server usage level. All shared web hosting accounts apart from Silver/Gold come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Software Distribution*
TSM's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@tsmintl.com to make special arrangements.


C. COMPLAINTS RESOLUTION 

Complaints Resolution
The team at TSM International ltd strive to deliver the highest level of customer service, if you have a question, experience a problem or are unhappy with our service please contact us via the TSM Control Panel by creating a support ticket from your account. It is our aim to respond to your enquiries as quickly as possible, within Business hours Mon-Fri 9-5 responses will be within a few hours, outside of business hours we aim to respond to your questions within 48 hours. Alternatively you can call the team on 0871 781 2205 during office hours.

Your feedback on any part of our service good or bad is invaluable and helps us review and improve our processes. If you are unhappy with our service please contact us within 5 days of the problem arising. To enable the team to respond to you as quickly as possible please avoid sending correspondence to individuals email addresses and use the online support system. This ensures that any member of the team is able to respond to you for the best possible response.

Should you have contacted the team via the support system and feel that you have received an unsatisfactory reply or would like to escalate a complaint please write to Customer Care, TSM International ltd, 145-157 St John Street, London EC1V 4PY. Please provide your account number and describe the incident or complaint in order for us to investigate the matter. We aim to acknowledge complaints within 3 days of receipt, providing a detailed response within 7 days.

For abuse complaints please email abuse@tsmintl.com
 

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