Terms and Conditions

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Ticopages.

1. APPROPRIATE USE OF THE SERVICES.

• Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Ticopages server in connection with Client's use of the Services which:
  
  • violate any state, federal or foreign laws or regulations;
  • infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Ticopages or any third party;
  • are defamatory, slanderous or trade libelous;
  • are threatening or harassing;
  • are discriminatory based on gender, race, age or promotes hate
  • violate any Ticopages Hosting policy posted on the Ticopages Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
  • contain viruses or other computer programming defects which result in damage to Ticopages or any third party.
• Bandwidth. Client may occupy only the amount of disk space on the Ticopages Server and utilize no more than the network bandwidth that is allotted by Ticopages. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance.
• No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Ticopages, or otherwise, that mentions or reference any domain hosted on Ticopages servers or parked on Ticopages DNS servers. (Violators will be fined! Refer to our UCE (SPAM) Policy).
• Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
• Back-Up Files. Client will have the ability to reinstate files which are automatically archived by Ticopages; however, Ticopages does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel.
• Termination. Ticopages reserves the right to refuse service to anyone. Ticopages, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact us.

2. PAYMENT OBLIGATIONS

• Service Fees. On the anniversary date that the client's account was created, Ticopages shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail or regular mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Ticopages by no later than the specified payment due date. Ticopages shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Ticopages. Certain services carry a set-up fee charged by Ticopages to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Ticopages and agrees to pay any and all fees incurred by Client. Because the Services are provided on a recurring basis, Client will be responsible for Service fees incurred on that recurrence regardless of when Client provides notice of termination.
• Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (6) months and has pre-paid Ticopages for such Services, no refund will be issued for unused portions of the Services. If Client has retained the Services for one (1) year and has pre-paid Ticopages for such Services, no refund will be issued for unused portions of the Services.

3. CLIENT LIABILITY AND INDEMNIFICATION

• The parties agree that in no event shall Ticopages be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Ticopages from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

4. TERM, TERMINATION & REINSTATEMENT

• Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a year-to-year basis unless otherwise specified by separate agreement. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must cancel the contract by written or e-mail notice 30 days prior to end of current cycle date. If Client does not request cancellation 30 days prior to the next billing cycle, Client will be be responsible for the fees owed for the next billing cycle.

5. TAXES

• Client will pay and indemnify and hold Ticopages harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY

• THE SERVICES, THE TICOPAGES SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE THE TICOPAGES SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. TICOPAGES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TICOPAGES SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY

• IN NO EVENT SHALL TICOPAGES BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE TICOPAGES SITE OR ANY TICOPAGES PRODUCT OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL TICOPAGES CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN TWO HUNDRED DOLLARS ($200 US).

8. MISCELLANEOUS

• If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Ticopages. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and Ticopages policies are subject to change by Ticopages without notice. Continued usage of the Services after a change to this Agreement by Ticopages or after a new policy is implemented and posted on the Ticopages Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Ticopages Site for any changes or additions.

Ticopages Webdesign and Internet Services, Costa Rica
http://www.ticopages.com