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Contrat de service et d'utilisation

HomeContrat de service et d'utilisation

Please read these Service Agreement Terms and Policies carefully, as they contain important information regarding your legal rights and remedies.

This general agreement will be entered into between TNC TECH and (you/your company) if you accept the terms and conditions. It will become applicable from the moment you have signed this electronic agreement and started using our services. This agreement sets forth the terms and conditions of the sites, products and services purchased/used or accessed through this site. In some cases, an additional service agreement and other policies may apply due to other services you may use. And in such cases, the agreement including the additional services is applicable and separate from the general agreement.

The terms “we, us” refer to TNC TECH, and the terms “you, your, user, customer” refer to any person or entity who accepts this Service Agreement and uses the TNC TECH Services. Additionally, this Agreement applies during the period in which the Customer uses our Services. Nothing in this Agreement shall be deemed to preclude the rights or benefits of any third party.

TNC TECH reserves the right to change, update or discontinue any aspect of this Site or the Services, including, without limitation, prices and associated fees, at any time.


1 - ELIGIBILITY; AUTHORITY
 
This Site and the Services are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are:
  • At least eighteen (18) years old,
  • Otherwise recognized as capable of entering into legally binding contracts under applicable law, and
  • You are not a person prohibited from purchasing or receiving the Services found under the laws of the United States of America or other applicable jurisdiction.

By accepting this agreement for an entity, you represent that you have the authority to bind it. The terms “you” and “customer” refer to this entity. If you do not have this authority, you are personally responsible for the obligations, including payments. TNC TECH is not responsible for any losses due to its reliance on communications it believes to be genuine from you. If any doubt arises, TNC TECH may request additional authentication. You agree to be bound by this Agreement for transactions made by you, your representative, or any user of your account or services.


2 - ACCOUNTS ; DATA TRANSFER ABROAD:
 
To use the features of this site or access certain services, you must create an account. You warrant to TNC TECH that the information you provide when creating your account is accurate, current and complete, and you agree to keep such information up to date. If TNC TECH finds that your account information is untrue, erroneous, outdated or incomplete, TNC TECH reserves the right, in its sole discretion, to suspend or terminate your account. You are fully responsible for any activity that occurs on your account, whether approved by you or not, and you must keep your account information secure, including your customer/login number, password, method payment and your customer PIN code. For security reasons, it is recommended that you change your password and customer PIN at least every six (6) months for each account. You must immediately notify TNC TECH of any breach of security or unauthorized use of your account. TNC TECH is not responsible for any losses you may incur due to unauthorized use of your account. However, you may be held liable for damages caused to TNC TECH or others due to your account, whether such damages are caused by you, an authorized person, or an unauthorized person.

Data transfer abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international borders. By visiting this site and communicating electronically with us, you consent to these transfers.


3 - FINANCIAL AGREEMENTS:
 
  • The customer accepts a minimum contract of thirty (30) days from the start of the service. The exact duration of the contract is decided upon registration.
  • Customer agrees that all fees and charges associated with an account are Customer’s sole responsibility.
  • Services provided by third parties and TNC TECH partners are not part of the refund policy and no early termination credits apply. Billing stops at the end of the term during which the service is canceled. For any refund questions, please refer to the Refund Policy.

4 - AUTOMATIC RENEWAL :

At the end of the contract term, it will automatically renew at the then-current, non-promotional rate for the initial contract term, indefinitely until canceled.

TNC TECH will automatically renew the service concerned when it is due for renewal and will take payment from the payment method associated with your account. If you do not want certain services to renew automatically, you can choose to cancel them. In this case, your Services will terminate upon expiration of the current term, unless you manually renew your Services before that date. To avoid automatic renewals, all Services must be canceled prior to their renewal date(s). Renewal dates take effect at midnight.

If the customer's payment card fails, TNC TECH may use other payment methods linked to the account. If a shared hosting service is terminated after 30 days, it will be canceled without refund or additional charges until the next due date. Non-refundable fees already incurred must be paid prior to account cancellation.

  • Refer to the Refund Policy for the same.
  • Violations of the TNC TECH Terms may, at TNC TECH discretion, result in immediate and permanent deactivation without refund.
    TNC TECH reserves the right to deactivate or suspend without refund any account or service at any time if it believes, in its sole discretion, that there is a reasonable suspicion that it is being used in violation of the agreed terms.
  • Disputed charges (“chargebacks”) associated with any TNC TECH account, in TNC TECH’s discretion, may result in immediate and potentially permanent deactivation of the Services or the entire account. Each rejected charge will result in a $50 penalty on the account which must be paid before any service can be reactivated.
  • TNC TECH reserves the right to change current service plans, applicable fees and charges at any time. Services involving outdated or unsupported features may incur additional maintenance fees. In such situations, TNC TECH will notify the Customer and allow the Customer to cancel the Services without incurring additional change fees, but no refund will be payable for fees already assessed.

You agree to pay all fees and charges associated with your use of the TNC TECH Services, including but not limited to subscription fees, transaction fees, and any other fees or charges that may apply. Payment must be made in advance for services rendered unless otherwise agreed in writing. If any fees or charges are not paid in a timely manner, we reserve the right to suspend or terminate your access to the TNC TECH Services. All fees and charges are non-refundable, except as required by law or at the sole discretion of TNC TECH. We reserve the right to change the fees and charges for TNC TECH Services at any time by posting a notice on the TNC TECH website.


5 - GENERAL RULE OF CONDUCT:

You acknowledge and accept that you,

  • Will use this Site and the Services, including any Content you submit, in accordance with this Agreement, any applicable Services Agreement or policies that may apply to your Services and all local, state, national laws, rules and regulations. and relevant international standards.
  • Will not collect or accumulate any User Content or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.
  • Do not use this Site or the Services in any manner that:
    1. Be illegal or promote or encourage criminal behavior.
    2. Promote, support, or participate in child abuse or any activity related to the proliferation of child sexual abuse material.
    3. Promote, encourage or participate in terrorism, violence against people, animals or property.
    4. Advertise, encourage or participate in any pornographic content or images of nudity or solicit sexual activity (for example, an escort site with listed services);
    5. Promote, encourage or participate in terrorism, violence against people, animals or property;
    6. Promote, encourage or participate in any spam or other unsolicited mass e-mail, or any computer or network hacking or cracking.
    7. Promote, encourage or participate in the sale of marijuana/CBD or products containing THC;
    8. Violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage, or participate in the sale or distribution of prescription drugs without a valid doctor's prescription.
    9. Violate the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promote or facilitate prostitution and/or sex trafficking.
      Infringe the intellectual property rights of another user or any other person or entity.
    10. Promote gambling, casinos, games, sports betting, daily fantasy sports, lottery or chain letters, regardless of the content or origin and regardless of your nationality or the legality of such activities in your country or jurisdiction.
    11. Violate the privacy or publicity rights of another user or any other person or entity, or breach any obligation of confidentiality owed by you to another user or any other person or entity.
    12. Interfere with the operation of this site or the services found on this site.
    13. Contain or install any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupt, damage or limit the use of any software or hardware.
    14. Contains false or misleading language, or unverified or comparative claims, regarding TNC TECH or the TNC TECH Services.
    15. Host, post or otherwise make available any material that promotes or supports any illegal or prohibited organization, including, but not limited to, terrorist organizations or hate groups. This includes, but is not limited to, propaganda, literature or other materials that express support for such organizations or promote their activities. Any violation of this clause may result in immediate termination of the customer's account, and TNC TECH reserves the right to take legal action if necessary.
    16. The Company will fully cooperate with law enforcement authorities in the investigation of any illegal activity relating to its Services.
    17. Hosting, distributing, possessing or accessing any form of pornography, including child pornography, through its Services. Customers who violate this policy will have their account immediately terminated, and TNC TECH reserves the right to take legal action if necessary. Customers who become aware of any illegal activity involving the Company's Services, including child pornography, should immediately report it to the Company.
    18. By failing to adhere to TNC TECH's zero-tolerance approach to pornography, and particularly child pornography, TNC TECH considers this a serious violation of its policies and the law. Any Customer who engages in such conduct will be permanently barred from using the Company Services, and the Company will fully cooperate with law enforcement authorities in bringing the offender to justice. The Company encourages all Customers to act responsibly and ethically in using the Services, and to help maintain a safe and secure environment for all users.
    19. You must not engage in any activity, whether in person or online, that intentionally defames, discredits or otherwise tarnishes the public image or reputation of the Company. This includes making false or misleading statements about the Company, its products or services, its employees or its business practices. Any such behavior may result in immediate and permanent account suspension.
    20. Customer is prohibited from using our shared plans/VPS/VDS for any intrusive activity or attempted intrusion (including but not limited to port scanning, sniffing, spoofing), cryptocurrency mining, video game bots, etc.
  • You do not have the right to copy or distribute the data or any part of the site unless you are authorized to do so by TNC TECH.
  • You will not access TNC TECH Content or User Content through any technology or program other than the Site itself, or as TNC TECH may designate.
  • You will not transfer or sell the Services for commercial purposes, including any technology associated with TNC TECH, without TNC TECH's prior written consent.
  • You will not attempt to circumvent, disable or otherwise interfere with the security features of the Site or the Services found at this Site, or enforce restrictions on the use of this Site or the Services found at this Site. thereon, the TNC TECH Content or the User Content therein.
  • You agree to provide government-issued photo identification and/or business identification as necessary for identity verification when requested.
  • TNC TECH may call you from time to time regarding your account. For the purposes of all such calls, you may be subject to, and therefore consent to, the recording, subject to all applicable laws and our restrictions and obligations thereunder, including, where applicable, to record all of these calls, whether or not TNC TECH asks you during a particular call to consent to the recording of this call. You further acknowledge and agree that, to the extent permitted by applicable law, such recordings may be submitted as evidence in any legal proceeding to which TNC TECH is a party. Additionally, by providing your telephone or mobile number, you agree to receive marketing calls from or on behalf of TNC TECH that may be initiated by an automatic telephone dialing system and/or use an artificial or pre-recorded voice. You understand that providing consent is not a condition of purchasing any TNC TECH goods or services.
  • Additionally, by providing your mobile number, you agree to receive marketing text messages from or on behalf of TNC TECH that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any TNC TECH goods or services. Message and data rates may apply.
  • Without limiting any of the rights set forth elsewhere in this Agreement, TNC TECH expressly reserves the right to refuse, cancel, terminate, suspend or limit future access to this Site or any services thereof at any user whose account or services have been previously terminated or suspended, whether due to violation of this or any other agreement or any TNC TECH policy, or who engages or has engaged in any activity inappropriate or illegal using the Site or Services, as determined in TNC TECH’s sole discretion.

Note that actions that violate these rules of conduct may result in a variety of consequences, including, but not limited to, termination of access to the Site and Services. TNC TECH reserves the right to determine what constitutes a violation of these rules of conduct and to act accordingly.

These rules of conduct are intended to ensure the safety and respect of all TNC TECH users. By using the Site and Services, you agree to adhere to these rules and help create a safe and respectful online environment for everyone.

TNC TECH reserves the right to modify or revise these Rules of Conduct at any time and in its sole discretion. Users are encouraged to review these Rules of Conduct regularly to ensure they are aware of any changes or revisions.

If you have any questions or concerns regarding these Rules of Conduct, please do not hesitate to contact TNC TECH for clarification. We are here to help and appreciate your cooperation in creating a safe and respectful online environment for everyone.


6 - SERVICE AVAILABILITY:
 
Subject to the terms of this Agreement and our policies and procedures, we are committed to providing commercially reasonable service to make this Site and the Services available to our customers 24 hours a day, 7 days a week. However, you acknowledge and agree that 'there may be periods when the Site will be inaccessible or inoperative, due to various factors such as equipment failures, periodic maintenance, repairs or replacements that we must carry out, as well as causes beyond our control or unpredictable, such as telecommunications interruptions, network attacks, network congestion, etc. We cannot guarantee continuous or uninterrupted availability of the Site or Services, and we have no liability to you or any other party in this regard.
 

7 - CREDITED PRODUCT:

When you receive credit for a purchase (“Purchased Product”), such credit is valid for 1 year and may be canceled if the purchased item is removed or not renewed. Credit will expire after one year if not used. Renewed products using credit will be billed at the standard rate after the subscription period. You can turn off auto-renewal through your account or customer service. If the purchase includes a free domain that is subsequently canceled, its cost will be deducted from the refund. In the event of a problem, TNC TECH can exchange the credit for a similar product.
 

8 - BETA SERVICES:

From time to time, TNC TECH may offer new services (limited preview services or recent features for existing services) in a preliminary release. New services, new features of existing services or limited preview services will be referred to, respectively and collectively, as “Beta Services”. If you decide to use Beta Services, your use of the Beta Services is subject to the following terms:Vous reconnaissez et acceptez que les Services Bêta sont des versions préliminaires et peuvent ne pas fonctionner correctement.
 
    • You agree and acknowledge that your use of the Beta Services may expose you to unusual risks of operational failures.
    • Beta Services are provided without warranty, so we do not recommend using them in production or critical situations.
    • TNC TECH reserves the right to modify, change or discontinue any part of the Beta Services.
    • Commercial versions of the Beta Services may differ materially, and the programs, use or operation with the Beta Services may not work with commercial versions or later versions.
    • TNC TECH may limit customer service availability and time spent supporting the Beta Services.
    • You acknowledge and agree to provide timely feedback about your experience with the Beta Services, in a form reasonably requested by us, including information necessary to enable us to reproduce any errors or problems you encounter.
    • You acknowledge and agree that TNC TECH may track your browsing behavior, links clicked, items purchased, device type, and collect other data, including analytics, about how you use and interact with our Beta Services.
    • You acknowledge and agree that all information regarding your use of the Beta Services, including your experience and opinions regarding the Beta Services, is confidential and may not be disclosed to any third party or used for any purpose other than to provide feedback to TNC TECH.
    • The Beta Services are provided “as is”, “as available” and “with all faults”.

We may use your feedback for various purposes, including product development, and you agree that we may use it in this way. If we ask you to provide us with feedback, we may use it publicly in press materials and marketing materials. All intellectual property rights associated with your comments or arising from your use of the Beta Services will be owned exclusively by TNC TECH. Please note that the Beta Services are provided without warranties, whether statutory, express or implied, including any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, to the extent permitted by law.


9 - FEES AND PAYMENTS:

Do you agree that your payment method may be charged by one of our affiliated entities? In the case of your purchase, your payment has been identified as being processed in the United States. Your TNC TECH.com, Inc will handle your transaction; if your payment was identified as being processed in the United States, your transaction would be processed by TNC TECH Domains United States, Inc.; if your payment was identified as being processed in the United Kingdom, your transaction would be processed by TNC TECH Europe, Ltd. ; if your payment was identified as being processed in the Indian region, your transaction would be handled by TNC TECH India Domains and Hosting Services India Pvt Ltd. In the event that, during your purchase, your payment was identified as being processed in a country not mentioned above, your transaction may be processed by an entity affiliated with our local payment service provider, and submitted to the provisions of our Privacy Policy.


10 - GENERAL CONDITIONS, INCLUDING AUTOMATIC RENEWAL TERMS:

The general conditions are as follows:

  • Payment due at time of order; non refundable. You agree to pay all amounts due for the Services when ordered. All amounts are non-refundable unless otherwise stated in the Refund Policy.
  • TNC TECH reserves the right to modify its prices and fees at any time, and such modifications will be posted online on this site and will take effect immediately, without the need for further notice to you. If you have purchased or acquired Services for a period of months or years, price and fee changes will be effective when the Services are listed for renewal, as described below.
  • Unless otherwise stated in a specific Product Agreement, you may pay for the Services using one of the following “Payment Methods”:
    1. Valid credit card
    2. Interac
    3. Perfect Money
    4. Mobile Money
    5. Electronic payment from your personal or business bank account, as appropriate (and as defined below);
    6. PayPal
    7. Apple Pay
    8. Master/Visa Cards
    9. Amazon Pay
    10. Discover Pay
    11. International payment option (as described below)
    12. Express payment
  • Confirmation of this order will be sent to the email address associated with your account. Your saved payment method must remain valid if you have active services on your account. Additionally, you agree that the location of your payment processing may be changed under any circumstances, including the type of payment method chosen, the currency selected, or changes to your payment method.
  • For questions regarding refunds, see our Refund Policy.
  • If you are billed monthly, your monthly billing date will be the day of the month you purchased the Services.
  • Except as required by applicable law, TNC TECH does not maintain printed copies or electronic versions of purchase orders, standing orders or standing instructions, or signed consents regarding your use of our auto-renewal services, and we We are therefore unable to provide such documents upon request. You can view or change your auto-renewal settings at any time by logging into your TNC TECH account.
    1. To ensure that you do not experience any interruption or loss of services, all services are offered with automatic renewal. Except for the reasons described below in this section, auto-renewal automatically renews the current term for a renewal period equivalent to the previous service period (except for domain names that may be renewed for initial service period). For example, if your last period of service is one year, your renewal period will normally be one year. However, if renewal with the payment method on file is unsuccessful, TNC TECH may attempt to renew the affected service for a period less than the initial subscription period to the extent necessary for the transaction to be successful.
    2. If you disable the automatic renewal option, TNC TECH will automatically renew the applicable service upon expiration and charge payments to the payment method associated with your account or to your backup payment method on file with TNC TECH. During automatic renewal, TNC TECH will first attempt to charge the payment method associated with your account. If this fails, we will attempt to charge the backup payment method you designated in your account. Renewals will be billed at TNC TECH's current rates, which may be different from those for the initial service period. You can view your renewal settings and services by logging into your account manager on our site. If you do not want to automatically renew a product, you can choose to cancel the renewal. In this case, your services will be automatically renewed for a duration equivalent to the current validity period, unless you manually renew your services before this date. In other words, if you cancel a product and forget to manually renew your services before they expire, you risk experiencing disruption or loss of services. TNC TECH will not be liable to you or any third party in this event.
    3. Additionally, TNC TECH may participate in "continuous billing programs" or "account maintenance services" supported by your credit card provider (and ultimately subject to approval by your bank). If, for example, we are unable to charge your current payment method, your credit card provider (or bank) may notify us when your credit card number has been updated or the expiration date potential, or they may automatically charge your new credit card on our behalf without informing us. In accordance with the requirements of continuous billing programs, if we are notified of an update to your credit card number or expiration date, TNC TECH will automatically update your payment profile on your behalf. TNC TECH does not guarantee that we will request or receive updated credit card information. You acknowledge and agree that you are solely responsible for modifying and maintaining your account settings, including, but not limited to:
      • Cancellation of products
      • Ensure your associated payment methods are up to date and valid.
    4. Further, you acknowledge and agree that your failure to do so may result in interruption or loss of Services. TNC TECH will not be liable to you or any third party in this regard.
    5. If TNC TECH somehow fails to charge your payment method for all amounts due, or if TNC TECH receives notice of a chargeback, payment reversal, dispute payment or if a fee is charged to TNC TECH for any payment recently made, you agree that TNC TECH may take all available legal measures to obtain payment, including, but not limited to, temporary cancellation, without notice, of any domain or service registered or renewed on your behalf. TNC TECH also reserves the right to charge you reasonable “administrative fees” for:
      • Operations that TNC TECH may perform outside the usual scope of its services.
      • Overtime or additional costs that TNC TECH may incur in providing its services.
      • Your failure to comply with this Agreement (as determined by TNC TECH in its sole discretion).
    6. Common situations involving administrative fees or processing fees include, but are not limited to:
      • Customer support requiring additional personal time
      • UDRP actions regarding your domain names or disputes requiring accounting or legal services, whether performed by TNC TECH staff or by external firms retained by TNC TECH.
      • You must reimburse all costs and fees, including costs for the Services, incurred by TNC TECH due to chargebacks or other payment disputes originating from you, your bank or payment method processor.
    7. These administrative or processing fees will be charged to the payment method you have on file with TNC TECH.
    8. TNC TECH may offer product pricing in different currencies. The transaction will be made in the chosen currency, and the amount displayed during the checkout process will be the actual amount committed for payment. For certain payment methods, your payment method issuer may charge you additional transaction fees or other fees, which may be added to the total amount appearing on your bank statement or appear as a separate amount. Please check with your payment method issuer for details. Additionally, regardless of your chosen currency, you acknowledge and agree that you may be charged value added tax, goods and services tax or other fees and taxes, depending on your bank and the country specified in Your billing address.

11 - ADDITIONAL RESERVATION OF RIGHTS:

TNC TECH explicitly reserves the right to refuse, cancel, terminate, suspend, lock or change authorization (or control) of any account or service (including the right to refuse or transfer any registration domain name) in any manner whatsoever (in accordance with TNC TECH decisions in its sole and absolute discretion), including but not limited to:

    • To correct errors made by TNC TECH in offering or providing any service.
    • To ensure authenticity and quality, and correct errors made by any domain name registry or registrar.
    • To contribute to our fight against fraud and abuse, and our efforts to prevent breaches.
    • To comply with court orders affecting you or your domain name or website, as well as local, national and international laws, rules and regulations.
    • To respond to law enforcement requests, including search warrants.
    • To comply with any dispute resolution process.
    • To preserve any compromised legal action or legal remedy, whether or not it is capable of being recognized as having value or not.
    • To avoid any civil or criminal liability relating to TNC TECH, its officers, employees and directors, and its affiliates, including, but not limited to, in cases where you have filed or contemplated legal action against TNC TECH.
    • To respond to any subpoena emanating from a judicial authority, whether or not this subpoena has a direct link with TNC TECH.
    • To cooperate with law enforcement agencies in the investigation of any illegal activity relating to its services.
    • To respond to an exceptional number of complaints relating in any way to your account, domain names or website content, which could cause harm to TNC's business, reputation or investors TECH.

TNC TECH expressly reserves all rights to review each account for excessive disk space and bandwidth usage, and to terminate accounts or apply additional charges to accounts in excess of permitted limits.

TNC TECH expressly reserves the right to terminate, without notice, any services in which, in TNC TECH's sole discretion, you disrupt or compromise TNC TECH or any of its employees.

In addition to User Content, the content of this Site and the Services, including, without limitation, text, software, content, source code, APIs, graphics, photos, sounds , music, videos and interactive features, and the trademarks, service marks and logos contained therein ("TNC TECH Content"), are protected by copyright, trademark and/ or patents in the United States and other countries, and are subject to other intellectual property rights under the laws of the United States and other countries. The TNC TECH Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use, and may not be downloaded, reproduced, copied, distributed, broadcast, displayed , sold, licensed or used in any way without the prior written consent of TNC TECH. This agreement does not grant you any right or license to any copyright, trademark, patent or other proprietary rights, and TNC TECH reserves all rights not expressly granted to you in the TNC TECH Content, this Site and the Services, and this Agreement does not transfer ownership of these rights.


12 - TRADEMARK/COPYRIGHT COMPLAINTS:
  • TNC TECH respects the intellectual property rights of others and expects its users to do the same. Users shall not use the Services to infringe the trademark, copyright or other intellectual property rights of any third party.
  • If TNC TECH receives a complaint or notice alleging that a user is infringing the trademark, copyright or other intellectual property rights of another party, TNC TECH may investigate and take appropriate action, in particular by deleting or disabling access to the allegedly infringing content, and by terminating the user's account if the infringement is found to be intentional or repeated.
  • If a User believes that their own intellectual property rights have been infringed by another User using the TNC TECH Services, they may submit a notice of infringement to Company, including a description of the infringing material and the reasons for the claim.
  • TNC TECH will promptly investigate any claim of infringement and take appropriate action, including removing or disabling access to the allegedly infringing material, and terminating the infringing user's account if necessary.
  • TNC TECH takes the issue of intellectual property rights very seriously and encourages its users to use the Services responsibly and in compliance with all applicable laws and regulations.

13 - LINKS TO THIRD PARTY WEBSITES:

Links to third-party websites are provided for informational purposes only and TNC TECH assumes no responsibility for their content, terms of use, privacy policies or practices. By using this site or the services offered on this site, you acknowledge that TNC TECH has no control over third party websites and you expressly release TNC TECH from any liability arising from your use of such sites. You are advised to carefully read the terms of use, privacy policies and other relevant documents of the third-party websites you visit.


14 - WAIVER OF REPRESENTATIONS AND WARRANTIES:

You explicitly acknowledge and agree that your use of this site and the services offered on this site will be at your own risk and that this site and the services offered on this site are provided "as is", "as available" and "with all their faults. TNC TECH, its officers, directors, employees, agents and all third party service providers disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. TNC TECH, its officers, directors, employees and agents make no representations or warranties regarding:

  • The accuracy, completeness or content of this site
  • The accuracy, completeness or meaning of sites linked (by hyperlinks, banner advertisements or otherwise) to this site, and/or
  • The services offered on this site or the sites linked (by means of hypertext links, banner advertisements or otherwise) to this site, and TNC TECH declines all responsibility in this regard

You expressly acknowledge and agree that any oral or written information or advice provided by TNC TECH, its officers, directors, employees or agents (including, without limitation, its call center or customer service representatives) as well as third party service providers do not constitute legal or financial advice and make no warranty with respect to this site or the services offered on this site. You should not rely on any such information or advice.

The foregoing disclaimer of representations and warranties shall apply to the maximum extent permitted by law. It will survive any termination or expiration of this Agreement or your use of this Site or the Services offered on this Site.


15 - COMPENSATION:

You are responsible for defending, indemnifying, protecting and holding harmless TNC TECH, its agents, customers, officers and employees, from all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, arising out of any services provided, performed or agreed to be performed, or any products sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold TNC TECH harmless from any liability related to:


  • Any personal injury or property damage caused by any product sold or distributed in connection with the TNC TECH server;
  • Any material provided by Customer that infringes or is allegedly infringing the proprietary rights of any third party;
  • Copyright infringement;
  • Any defective product sold by the customer on TNC TECH servers;
  • Your use and access to this site or the services offered on this site;
  • Your violation of any provision of this Agreement or the policies or agreements incorporated herein; and or
  • Your violation of any third party rights, including without limitation intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement.
16 - LIMITATION OF LIABILITY:

In no event shall TNC TECH, its officers, directors, agents, directors, and any third party service providers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages, including those which could result from:

  • The accuracy, completeness or content of this site;
  • The accuracy, completeness or content of any sites linked (by hyperlinks, banner advertisements or otherwise) to this site;
  • The services offered on the site or any site linked (via hypertext links, banner advertising or otherwise) to this site;
  • Bodily injury or property damage of any nature;
  • Third party conduct of any nature whatsoever;
  • Any unauthorized access to or use of our servers and/or any content, personal data, financial data or other data and databases;
  • Any interruption or cessation of services to or from this site or any site linked (by hypertext links, banner advertisements or otherwise) to this site;
  • Any infection, worm, bug, deception or otherwise, which may be transmitted to or from this site or any site linked (by hypertext links, banner advertisements or otherwise) to this site;
  • Any user content or content that is abusive, harassing, offensive, harmful to minors or any protected class, explicit, pornographic, obscene or otherwise objectionable;
  • Any loss or damage of any kind incurred as a result of your use of the Site or Services, whether based in contract, negligence or any other legal or equitable theory, and whether or not TNC TECH is informed of the possibility of such damage.
  • The customer expressly acknowledges that the use of TNC TECH services is at his own risk. Neither TNC TECH, nor its employees, affiliates, agents, third party information providers, merchants or others, warrants that the TNC TECH Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the services, nor as to the accuracy, reliability or content of any information, service or merchandise provided through the TNC TECH services, unless indicated otherwise expressly stated in this contract.
  • Under no circumstances, including in the event of negligence, can TNC TECH, its directors, its agents or any other person involved in the creation, production or distribution of the TNC TECH server service be held responsible for any direct or indirect damage , incidental, special or consequential resulting from the use or inability to use the TNC TECH services; or resulting from errors, omissions, interruptions, deletion of files, errors, defects, delays in operation, transmission or other failure of performance, whether or not limited to acts of God, communication failures, theft, destruction or unauthorized access to TNC TECH files, programs or services. Customer hereby acknowledges that this paragraph will apply to any content using the TNC TECH Services.
  • Notwithstanding the foregoing, Customer's exclusive remedies and TNC TECH's entire liability for all damages, losses and causes of action, whether in contract, tort, including negligence or otherwise, arising out of or relating to these conditions or the use or inability to use the services, shall not exceed the total amount paid by the customer to TNC TECH during the six (6) months immediately preceding the claim.
  • You agree that TNC TECH will not be liable to you or any third party for any disclosure of customer data made in compliance with a subpoena, court order or similar legal process.

You further explicitly acknowledge and agree that in no event will TNC TECH's total liability exceed US$10,000.

The foregoing limitation of liability shall apply to the maximum extent permitted by law and shall survive any termination or expiration of this agreement or your use of this site or the services offered on this site.


17 - PROHIBITED CONTENT AND ACTIVITIES:

TNC TECH prohibits the hosting of any unsolicited data and any illegal activity on its servers, including data falling within this domain but not limited to:

  • Illegal activity: The customer must use the TNC TECH server only for legal purposes. Transmission of any material in violation of any applicable country, federal, state or local jurisdiction regulations is strictly prohibited and is the customer's responsibility. This includes prohibiting the transmission of child pornography and the hosting of copyrighted information without appropriate rights or a license. Additionally, using computer systems or the TNC TECH network to conspire or support illegal activities is also prohibited.
  • Hacking: Sites dedicated to discussing hacking activities or distributing hacking tools are prohibited. Additionally, use of TNC TECH computer systems or network to access any system, service or network without the owner's consent is expressly prohibited.
  • Service Interruptions: Any activity that causes service interruptions on the TNC TECH network/servers or any other network. This includes, but is not limited to, executing denial of service attacks or other maliciously configured software.
  • Spam: Customer promises not to encourage or facilitate spam through its site or TNC TECH servers, nor use spam to promote its site hosted by TNC TECH. Any violation of these rules will lead to account termination without refund. See our anti-spam policy for more information.
  • Collection of Personal Information: Collecting or using email addresses, screen names, or other personal identifiers without the consent of the identified individual (including, without limitation, phishing, Internet scams, theft passwords, data mining and collection).
  • Falsification/Identity Theft: Use of the TNC TECH network to impersonate another person or entity, whether through e-mail, Internet forums, or any other means, is strictly prohibited. This includes hijacking email address or network packet headers, whether for malicious purposes or not.

TNC TECH will not be responsible in the event of a legal problem related to data hosted by the client on TNC TECH servers. The credibility and legality of the data are the sole responsibility of the customer, and under no circumstances is TNC TECH responsible for this type of data.


18 - NO SPAM; LIQUIDATE DAMAGES:

No Spam. We do not tolerate spam and take steps to detect and remediate it. Any use of our products and services for spamming purposes is strictly prohibited and is thoroughly investigated. If we identify a spam problem, we will take steps to stop it.

We define spam as sending unsolicited commercial email (UCE), unsolicited bulk email (UBE), or unsolicited faxes, which are emails or faxes sent to recipients for advertising or other purposes, without first obtaining confirmed consent to receive these communications.

If we find that your account, products or services are being used in connection with spam, we reserve the right to redirect, suspend or cancel your account, website hosting, domain registration, email boxes or any other applicable product or service. In such a situation, at our discretion, we may ask you to send us an email stating that you will stop sending spam and/or that spam will no longer be sent on your behalf. Additionally, we may require payment of a non-refundable reactivation fee before your sites, email boxes and/or services are reactivated.

We encourage all customers and recipients of emails generated by our products and services to report suspected spam. Suspected abuse can be reported by email or through our Web Spam Abuse Reporting Center. Web: reporting abuse.

Liquidated Damages: You agree that we may immediately terminate any account that we determine, in our sole discretion, to be transmitting or otherwise associated with any spam or other unsolicited mass email. Additionally, if actual damages cannot be reasonably calculated, you agree to pay us liquidated damages in the amount of $1.70 CAD for each spam or unsolicited mass email transmitted from or to your account. otherwise associated.


19 - COUNTRIES SUBJECT TO SANCTIONS:

Customer must comply with export control laws and regulations, including the EAR, Office of Foreign Assets Control trade and economic sanctions, and ITAR. It shall not sell, export, re-export, transfer or improperly use any products, software or technology provided by TNC TECH in violation of United States laws and regulations. The customer is responsible for obtaining the necessary authorizations from the competent authorities and must compensate TNC TECH in the event of a violation of this obligation. This export control clause remains applicable even after termination or cancellation of the agreement.


20 - COMPLIANCE WITH LOCAL LAW:

TNC TECH does not guarantee that the content accessible on this site or the services available on this site are appropriate in each country or region. Access to this site or the services available on this site from countries or states where its contents are illegal is strictly prohibited. Users who choose to access this site or the services available through this site are responsible for compliance with all applicable local laws, rules and regulations.


21 - UNCLAILED GOODS:

Please note that if a customer has an account balance outstanding for 3 years or more, TNC TECH may issue payments to that customer, or TNC TECH may issue payments to the customer in the form of a paper check. However, if the invoice has never been paid, TNC TECH will transfer the account balance to the State of Arizona in accordance with state law. You acknowledge and agree that in such event TNC TECH may withhold a fee in an amount equal to the lesser of US$25.00 or the total outstanding balance associated with such customer.


22 - ENTIRETY:

You agree that this Agreement, the rules and policies posted by us, and the Dispute Resolution Policy constitute the entire agreement between you and us regarding our Services. This Agreement and the Dispute Resolution Policy supersedes all prior agreements and understandings, whether established by custom, practice, policy or precedent.


23 - APPLICABLE LAW:

This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of the United States of America and the federal laws of the United States of America applicable without reference to rules governing choice of laws. Any action related to this agreement must be brought in the TNC TECH headquartered location and you irrevocably consent to the jurisdiction of such courts.


24 - SETTLEMENT OF DISPUTES:

Any dispute or claim arising out of this Agreement, including, but not limited to, its formation, interpretation, breach, termination or validity, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA" ) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. The arbitration will take place in the English language at the TNC TECH location and at the location mutually agreed between Customer and TNC TECH in the United States of America. The arbitrator will be selected by mutual agreement of the parties or, if the parties cannot agree, by the AAA. The arbitration proceeding shall be conducted in accordance with the Federal Arbitration Act, and the arbitrator shall have the authority to grant any relief that would be available in a court of law.

The parties agree that any arbitral award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The parties further agree that the prevailing party in any arbitration shall be entitled to reimbursement of its reasonable attorneys' fees and costs incurred in connection with such action or proceeding.

By entering into this arbitration provision, you acknowledge and agree that you are waiving your right to a jury trial and that any arbitration proceeding will be conducted on an individual basis, and not in a class action.


25 - JURISDICTION:

This agreement is governed by United States laws, but the laws of the country where the Services are used may also apply, for which the User is responsible. Disputes will be handled by the United States courts, but those of the country of use may also have jurisdiction. The user acknowledges that TNC TECH is not responsible for any illegal actions resulting from the use of its servers.

In any legal action or proceeding arising out of this agreement, TNC TECH shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with such action or proceeding.

By accepting this agreement, you agree to submit to the personal jurisdiction of the courts specified in this clause and waive any right to object to such jurisdiction or venue.


26 - SUCCESSORS AND ASSIGNMENTS:

This Agreement will be enforceable and will inure to the benefit of the parties and their respective successors and assigns.


27 - THIRD-PARTY BENEFICIARIES:

Nothing in this Agreement will be deemed to confer any benefits or rights on any third party.


28 - MODIFICATIONS AND REVISIONS:

TNC TECH reserves the right to modify these terms and conditions at its sole discretion. Any modification will be effective upon publication on the TNC TECH website. By continuing to use the TNC TECH Services after changes are posted, you agree to be bound by the modified terms and conditions. It is your responsibility to regularly check the TNC TECH website for any changes to these terms and conditions.


30 - TITLES AND HEADINGS:

TNC TECH reserves the right to revise, modify or change these terms and conditions at its sole discretion. Any revision, modification or change will be effective immediately upon posting on the TNC TECH website. By continuing to use the TNC TECH Services after this posting, you agree to be bound by the revised, modified or changed terms and conditions. It is your responsibility to regularly consult the TNC TECH website to be aware of any changes to these terms and conditions.


30 - INDIVISIBILITY:

If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions will remain in effect. The invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that achieves the same economic and practical effect as the original provision, to the extent possible under applicable law. Any waiver or failure to enforce any provision of these terms and conditions will not be deemed a waiver of any other provision or right, and will not affect the validity or enforceability of any remaining provisions or rights. These terms and conditions shall be governed and construed in accordance with the laws of the United States of America. Any dispute arising out of or relating to these terms and conditions will be resolved exclusively by the courts of the United States of America.


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