Shared Hosting Service Contract

These basic hosting policies and terms of service (TOS) apply to all of our web site or other data hosting services with the exception of our Virtual Private Server and Dedicated Server offerings which are governed by their own contracts.

TechnoSavant, LLC is a Web Presence Provider reseller. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on TechnoSavant’s servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on TechnoSavant’s servers.

It is agreed between the user and TechnoSavant that all services provided by TechnoSavant hereunder are delivered at the location of the servers, in other words at data centers located within the territorial USA. Although the account User may be physically located outside of the USA when the account is opened, or at any time thereafter, it is irrevocably and absolutely agreed and understood that delivery of the service(s) takes place within the USA.

1. User Conduct
TechnoSavant’s services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to TechnoSavant, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. We will not edit, censor, modify or otherwise control or contribute to your content. However, We reserve the right to discontinue service to anyone at our complete discretion and without prior notice. Without limiting TechnoSavant’s right to discontinue service to anyone at our sole discretion, while using the service, you may not:

• Restrict or inhibit any other user from using and enjoying the Internet;
• Post or transmit any unlawful content;
• Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
• Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
• Post, store, publish, transmit, reproduce, or distribute individually identifiable health information or otherwise violate the USA Health Insurance Portability and Accountability Act (HIPAA) and The Patient Safety and Quality – Improvement Act of 2005 (PSQIA) or the privacy protection equivalent of these USA laws adopted in any other relevant jurisdiction.
• Claim or identify TechnoSavant as User’s “Business Associate” under HIPAA.

2. Indemnification
You agree to indemnify, defend, and hold harmless TechnoSavant from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, TechnoSavant, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

3. Refusal or Discontinuance of Service
TechnoSavant reserves the right to refuse or discontinue service to anyone at TechnoSavant’s sole discretion. TechnoSavant may deny you access to all or part of the service without notice if you engage in any conduct or activities that TechnoSavant in its sole discretion believes violates any of the terms and conditions in this agreement. TechnoSavant shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that TechnoSavant has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. TechnoSavant reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

4. No Warranties
TechnoSavant makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by TechnoSavant or its agents or employees shall create a warranty. TechnoSavant provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall TechnoSavant be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with TechnoSavant service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on TechnoSavant’s servers that such information becomes available to all Internet users and that TechnoSavant has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of TechnoSavant’s servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through TechnoSavant or on the Internet generally.

5. ECPA Notice
TechnoSavant reserves the right to monitor any and all communications through or with our facilities. You agree that TechnoSavant is not considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.

6. Identification Information
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply TechnoSavant with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

7. No Interference with Operation of System
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

You agree to adhere to system policies as published online by TechnoSavant, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at TechnoSavant. You agree to abide by any and all future TechnoSavant policy decisions.

If you are using WordPress offered through TechnoSavant you also are agreeing to adhere to the special policies and guidance here.

8. Security
You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify TechnoSavant immediately in writing. You shall be held fully responsible for any misuse or compromise to your account for which TechnoSavant is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g., FrontPage webs, additional FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, TechnoSavant has the right to suspend access to the account pending an investigation and resolution. You also agree that TechnoSavant has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.

9. HIPAA Notice
TechnoSavant, Inc. is not a “Covered Person” nor a “Business Associate” under HIPAA and has not agreed to be bound by the extraordinary privacy and security statutes and rules adopted with respect to medical records and related data. It is considered an abuse of our network for anyone to store data on our servers, including colocated servers, which are subject to the HIPAA privacy and security standards.

10. Backup of Data
Your use of the service is at your sole risk. TechnoSavant is not responsible for files and 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 TechnoSavant servers.

11. Transmittal of Materials
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of TechnoSavant or any other service with reference to services obtained through TechnoSavant, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as “spamming” is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, TechnoSavant, or any other party or parties resulting from any such conduct.

12. Payment
You agree to supply appropriate payment for the services received from TechnoSavant, in advance of the time period during which such services are provided. You agree that all setup fees are typically non-refundable once setup is completed. Such setup fees may be refundable under certain circumstances as part of a promotion or special package – but absent such exceptions setup fees are considered fully earned by TechnoSavant once setup is completed. You agree that until and unless you notify TechnoSavant of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that TechnoSavant may apply the amount due to the provided card at any time. TechnoSavant agrees that pro-rated refunds for unused time periods, effective at the end of the calendar month in which the notice is received, will be provided upon request, in the event of account termination. In the event of late payment, refused credit cards, insufficient funds checks, or other issues you will be assessed late payment fees at two percent (2%) per month or part of a month, with a minimum administration fee of $5.00 per late invoice, until the fees have been paid in full.

You agree to additional terms of service when you uses electronic payment services provided by Stripe Payments Company, a California Corporation (Stripe).

   a. Customer shall comply with Stripe’s End User Agreements:

• https://stripe.com/legal/consumer
• https://stripe.com/privacy

13. Prior Agreements
This agreement supersedes any written, electronic, or oral communication you may have had with TechnoSavant or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

14. Severability
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

15. Applicable Law, Jurisdiction, and Service
This agreement shall be governed by the applicable laws of the State of Idaho, USA and the United States of America. Customer agrees that all services provided by TechnoSavant shall be deemed to have been requested and provided in Canyon County, Idaho. Customer further agrees that the Court of Canyon County, Idaho, shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by TechnoSavant. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.

16. Additional Terms Where Customer Opts Use of Weebly’s Cloud Platform Services Provided by Weebly, Inc., a Delaware Business Corporation (Weebly)

   a. Customer shall comply with Weebly’s End User Agreements:

• https://www.weebly.com/terms-of-service
• https://www.weebly.com/privacy

  b. Customer waives any claims against Weebly for any harm or financial damages whether direct, indirect, incidental or consequential and further agrees that there are no warranties express or implied with respect to Weebly Services, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.

   c. Customer understands and agrees that TechnoSavant, Inc., is not the provider of the Weebly Services and shall not be held liable for any claimed defects.

17. Additional Terms Where Customer Opts Use of Let’s Encrypt Services Provided by Internet Security Research Group, a California Public Benefit Corporation (ISRG)
Customers who elect to use the “Let’s Encrypt” technology developed and offered by the Internet Security Research Group (ISRG) are welcome to do so and We will make the technical adjustments that may entail for Your benefit – but understand this is not a product or service developed by, sold by, or supported by TechnoSavant. ISRG has its own standard agreement they will require You to accept and You agree not to use Your relationship with TechnoSavant to violate any terms and conditions of the ISRG agreement.

18. Acknowledgement
By placing and continuing to maintain or place information on TechnoSavant’s servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.