Trailhead Web Design & Web Hosting, Fort Collins, Colorado    
 
 
Trailhead Web Design

Terms of Service - Frequently Asked Questions

Is there a 100% money-back guarantee?
Try our service absolutely risk-free! If you wish to cancel your account for any reason within the first 30 days, you will receive a full refund for all hosting services. This is a no-questions asked, full refund, 100% money back guarantee. You have nothing to lose! This offer applies to the initial contracted term and does not include domain name registration.

Does Trailhead permit "adult" hosting?
No. Pornography and sex-related merchandising is prohibited on all our servers. This includes sites that may infer sexual content, or links to adult content elsewhere. We will be the sole arbiter in determining violations of this provision.

May I promote my site with bulk email?
Sending bulk volumes of unsolicited email, or "spamming", is in violation of our the Trailhead Terms of Service and will result in termination of your account. There are legal and ethical issues involved in mass mailing of unsolicited email.

Payment For Services

Billing Procedures
Effective January 1, 2009 we will be billing all our hosting accounts in advance. Payment for 3 months (1 quarter) will be requested at that time. Payment for quarterly invoices will only be accepted via automatically recurring credit card payments. Customers who wish to pay by check will have the option to pay up to a year in advance at the the first invoicing of the year.

This differs from our past system in where we bill for services used. This change is necessitated by the unscrupulous nature of a few who used our services and then did not pay for them.

Billing Statements Online
Clients can see their current invoice and all past invoices by logging into their control panel and clicking on "Billing Statements"

Contact and Billing Information Online
Clients are responsible for keeping their contact and billing information current through their control panel. Click on "Contact Information" or "Billing Information" to update.

Account Cancellation
Clients wishing to cancel their hosting account must notify Trailhead Web Design and Web Hosting in writing or via email that they wish to cancel service with us. Payemnt will be refunded for full months of hosting not used.

Account Suspension (3 Days)
Payment in full is requested at the time of receipt of the quarterly invoice. The quarterly invoice will include charges for web hosting, domain name purchase or renewal and web design services. Accounts that are 3 days past due will be suspended. Suspension will result in the suspension of email and a suspension notice placed on the web site. Any email sent to the recipient after the account has been suspended will be lost. There will be a $25 reactivation fee for all accounts that have been suspended.

Account Deletetion (7 Days)
Accounts that are 7 days past due will be deleted. Deletion of an account will result in all web site files, stats files, email addresses and email stored on the server being deleted. Any email sent to the recipient after the account has been deleted will be returned to the sender. Deleted accounts will not be reactivated.

Payment Accepted
Payment can be made in the form of check made out to “Trailhead Web Design” or through credit card (Visa or MasterCard only). Credit card information and updates can be submitted through a secure page on our web site at https://trailhead.com/support/payabill.html or through your control panel. Returned checks or charge backs will be assessed an additional $25 fee and may result in permanent loss of account.

Terms of Service Overview
Trailhead Web Design reserves the right to suspend, without notice, any account which violates our Terms of Service Agreement. Violations may include, but are not limited to posting or storage of obscene, offensive or illegal material on the web site or the sending of bulk unsolicited email (SPAM).

Complete Terms of Service

Trailhead Web Design currently contracts with Cartkika Hosting. to manage their web servers. When you sign up for hosting with Trailhead you are also agreeing to the Terms of Service of Cartkika Hosting.

Web Hosting and Domain Name Service Agreement

This Web Hosting and Domain Name Service Agreement ("Agreement") is made between Trailhead Web Design, having an address of PO Box 417, Laporte, Colorado hereinafter referred to as "Trailhead Web Design" and any and all persons, organizations, and entities having submitted billing information or otherwise on the Trailhead Web Design order form hereinafter referred to as "Customer". Submission of the order form as stated above or use of the Trailhead Web Design network indicates that you have read this Agreement and agree to be bound by this Agreement, the fee schedule and updates to this Agreement as posted on Trailhead Web Design's web site from time to time.

The parties hereto agree and bind themselves as follows:

1. SERVICES: Trailhead Web Design shall sell, and Customer shall purchase Web Hosting Services and/or Domain Name Registration services, along with email support services, for the purpose of hosting a domain or web site on the Internet. Trailhead Web Design shall provide the following services:

a. Trailhead Web Design shall provide a copy of the Web Hosting Software for use by Customer on the server. The provision of such software does not constitute any transfer of ownership of the software to Customer. Customer acknowledges that Trailhead Web Design may from time to time, as it deems necessary, upgrade, replace, remove or substitute software at its sole discretion.

b. Trailhead Web Design shall provide disk space on the server containing the Web Hosting Software and connection through one or more links and nodes to the Internet ("Trailhead Web Design network".) Trailhead Web Design shall have total discretion as to the physical location of the server as well as the software running on the server.

c. Trailhead Web Design shall provide technical support to Customer via electronic mail as necessary and will exercise reasonable care to ensure the proper operation and accessibility of the server over the Internet.

2. CUSTOMER: Customer agrees to comply with all applicable laws of the state of Maryland, the United States of America, all international laws and treaties, and the laws of the jurisdiction in which the Customer is located with regard to the transmission and use of information and content over the Internet or otherwise involving the Trailhead Web Design network.

a. Customer further agrees not to use the Internet service for illegal purposes, to interfere with or disrupt other network users, network services or network equipment. Customer shall be liable for and shall indemnify and defend Trailhead Web Design from and against any claims in anyway arising from or related to (i) the alleged infringement of patent, trademark, design, copyright or any other intellectual property rights in relation to the Customer's use of the services and (ii) Customer or inclusion of any information, photographs, art work or other content (including without limitation claims based on invasion of privacy, right of publicity, the Communications Decency Act of 1996, obscenity or pornography, and the violation of any statutes or ordinances or other laws).

b. Customer understands that Internet use, and related products and services provided under this Agreement, may require registration and related services that are public in nature.

3. RESPONSIBILITY OF CUSTOMER REGARDING END-USER: Customer agrees to certain responsibilities regarding End-users of Web Hosting Service.

a. "End-user" shall mean an individual who (1) provides at least his or her first and last name and email address to Customer for the purpose of accessing the Trailhead Web Design Network or (2) has access via the Customer to any portion of the Trailhead Web Design network.

b. Customer shall cause each End-user to be legally bound by Domain Name Dispute Policy, a copy of which is available at http://www.trailhead.com/hosting/domainagree.html. Customer shall not amend the Dispute Policy in any way that is unfavorable to Trailhead Web Design.

c. Customer agrees to perform due diligence in preventing fraudulent transactions made by End-users on Trailhead Web Design.

d. Customer is responsible for all End-user customer support, billing, and collections. Trailhead Web Design's relationship under this agreement is solely with Customer.

e. Customer shall prevent end-user from using Trailhead Web Design's company name, logo, trademarks or service marks, without the prior written consent of Trailhead Web Design.

f. Customer shall ensure that end-user complies with section 4 of this agreement.

4. WEB SITE CONTENT: All services provided 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 is prohibited. This includes, but is not limited to: copyrighted material, material Trailhead Web Design judges to be threatening or obscene, or material protected by laws governing trade secrets or any other statutes. Trailhead Web Design will be the sole arbiter of violations to this provision. Customer agrees to accept Trailhead Web Design's determination of content as final and authoritative. Customers in violations of these provisions may be immediately deactivated and shall not receive a refund. The following restrictions apply to all sites hosted by Trailhead Web Design:

a. Pornography and sex-related merchandising is prohibited on all Trailhead Web Design servers. This includes sites that may infer sexual content, or links to adult content elsewhere.

b. Sites that promote any illegal activity, pirated software, Hacker programs or archives, Warez sites, or present content that may be damaging to our servers or any other server on the Internet are prohibited, as are any links to any such site or materials.

c. Spamming, or the sending of unsolicited e-mail, from Trailhead Web Design servers or using an e-mail address or domain that is maintained on our machine as reference is STRICTLY prohibited. Trailhead Web Design will be the sole arbiter as to what constitutes a violation of this provision.

d. Using Spam as an advertising method for sites hosted on Trailhead Web Design is strictly prohibited.

e. Trailhead Web Design may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. Customer must contact Trailhead Web Design via support@trailhead.com prior to running any background programs.

f. IRC and IRC bots are prohibited.

g. Gaming, betting, gambling and casino sites are prohibited.

5. PRICING: Customer shall pay Trailhead Web Design for the initial term and any renewal thereof at Trailhead Web Design's prevailing rates at the time the term or renewal begins.

6. PAYMENT: Payment shall be made to Trailhead Web Design in US dollars by check, money order or credit card. Checks should be made payable to "Trailhead Web Design". Payments shall be sent to Trailhead Web Design at PO Box 417, Laporte, Colorado 80535

a. Customer agrees to contact Trailhead Web Design by emailing billing@trailhead.com prior to initiating a chargeback. Chargebacks received for an account may result in suspension of service until account has been reviewed and approved by Trailhead Web Design.

b. Payments made with credit cards that do not have the card owner's permission will not be accepted. Customer's account shall be immediately disabled and may be deleted at Trailhead Web Design's discretion. Trailhead Web Design shall be the sole and final arbiter of whether proper authorization was given for the transaction.

7. PAST DUE POLICY: Trailhead Web Design must receive Customer's payment by the due date indicated on the Customer's invoice or the Customer and End-user will be denied access to the Trailhead Web Design network. If Customer fails to make payment within 10 days of invoice date, Customer shall be permanently removed from the Trailhead Web Design network without notice.

8. MONEY-BACK GUARANTEE: If Customer terminates account according to this Agreement within 30 days of beginning of the initial term, a full refund will be given for all hosting services. Refunds will only be given for the initial term of this agreement. Domain name registration fees will not be refunded for any reason. Refunds will not be given if Customer or End-user is in violation of this Agreement or is terminated because Trailhead Web Design deemed them a threat to the network.

9. EFFECTIVE DATE AND TERM: The Effective Date of this Agreement shall be the date the Customer acknowledged this Agreement. The term of this agreement shall be that term specified by the customer at the time the order is placed. The term shall be automatically renewed, providing that neither party has provided the other party with a written notice not to renew for the forthcoming term. Customer must cancel service using the Cancel Domain Form in their control panel. Notice not to renew by either party must be given at least seven (7) days prior to the expiration of the term.

10. TERMINATION: In addition to the other provisions of this Agreement, Trailhead Web Design reserves the right to suspend and/or terminate customer without notice at any time. Upon the expiration or termination of this Agreement for any reason, Customer shall:

a. Immediately inhibit all access to Trailhead Web Design through the Customer's Service and

b. Discontinue all uses of Trailhead Web Design trade names or Marks.

11. TRADEMARKS AND SERVICE MARKS: Customer shall not make any use of Trailhead Web Design's company name, logo, trademarks or service marks, without the prior written consent of the Trailhead Web Design. When such permission is granted by Trailhead Web Design, Customer shall only use such company name, logo, trademarks, and service marks in the manner and for the period agreed to by Trailhead Web Design.

12. DOMAIN NAME DISPUTE POLICY: All domain names registered, modified, or renewed through Trailhead Web Design by Customer or End-user are subject to the Uniform Domain Name Dispute Resolution Policy ("Dispute Policy") a copy of which is available at http://www.trailhead.com/hosting/domainagree.html. Dispute Policy may be revised by Trailhead Web Design from. Any such revisions shall be posted on the Trailhead Web Design web site and shall be effective as of the day of such posting. The Dispute Policy shall remain effective beyond the term of this Agreement and shall include the entire term for which the Customer's domain name is registered.

13. TAXES: Customer shall be responsible for and pay all taxes based upon the use of Trailhead Web Design, or the program storage media, or upon payments due under this Agreement including, but not limited to, sales, use, or value-added taxes, duties, withholding taxes and other assessments now or hereafter imposed on or in connection with this Agreement or with any sublicense granted hereunder, exclusive of taxes based upon Trailhead Web Design's net income.

14. ENTIRE AGREEMENT: The parties hereto acknowledge that they have read this entire agreement and that this agreement and the attachments mentioned herein constitute the entire understanding and contract between the parties and supersedes any and all prior or contemporaneous oral or written communications.

15. CHANGE IN CONTROL. If there is a direct or indirect change in the effective voting control of Customer, or if Customer merges into or is acquired by a third party, or if Customer sells or transfers the Customer's Service or all or substantially all of the assets of the business unit containing the Customer's Service to a third party (a "Change in Control"), then Customer shall give prompt written notice thereof to Trailhead Web Design, and Trailhead Web Design at its option may, within 30 days after receipt of such notice, or immediately if no timely notice is given, terminate this Agreement by delivering written notice via email to Customer. Customer may request pre-approval from Trailhead Web Design for any such change of control.

16. ASSIGNMENT: Trailhead Web Design reserves the right to assign this Agreement, or any part thereof, at any time.

17. SEVERABILITY: If any provision of this agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this agreement, or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.

18. FORCE MAJEURE: No party shall be liable by reason of any failure to delay in the performance of its obligations due to strikes, riots, fires or explosions, acts of God, war, governmental action or any other cause that is beyond the reasonable control of such parties. Trailhead Web Design shall not be responsible or liable for direct or consequential damages caused by acts of God, acts of government, insurrection, riot, civil disturbance, outages suffered by electric utilities, or outages suffered by intermediary networks over whose facilities Customer' Web traffic is carried to and from the Web Server provided by Trailhead Web Design.

19. LIMITATION OF LIABILITY: Trailhead Web Design makes no warranty of any kind with respect to services and products provided under this Agreement. Customer agrees to comply with all applicable governmental laws in the use of the Web Server and ancillary services provided by Trailhead Web Design, and, in the event of any noncompliance, agrees to hold harmless Trailhead Web Design and its personnel and contractors from the consequences of such noncompliance. If any action in law or equity is instituted by either party hereto with respect to the subject matter of this agreement, Trailhead Web Design shall be entitled to recover, in addition to any other relief granted, reasonable attorney's fees, legal costs, and expenses reasonably incurred. Trailhead Web Design's liability for damages to Customer for any cause whatsoever, regardless of form of action, including negligence, shall not exceed an amount equal to the price of products and services purchased by Customer during the one month period preceding the event which caused the damages or injury.

20. JURSIDICTION: This Agreement shall be governed by the laws of the State of Colorado, USA, and in the event any litigation must be initiated to enforce the terms of this Agreement, said legal action must be brought in the courts of the State of Colorado.

IN WITNESS THEREOF by submitting billing information, Customer hereby acknowledges consents to and enters into this Agreement with Trailhead Web Design

 

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