Last Modified: 04-15-2018: 15:38
Master Service Agreement
Terms of Services
Stafford’s Technologies. Terms of Service
All Services offered by Stafford’s Technologies are provided subject to the following terms and conditions.
WARNING: BACK UP YOUR DATA! IT IS YOUR RESPONSIBILITY. Stafford’s Technologies is NOT responsible for the loss of any data, software or files from your computer or network. You understand and agree that prior to requesting and/or allowing Stafford’s Technologies to diagnose, repair or perform any other services on your computer(s), disc(s), drive(s), peripheral(s), and/or network(s), etc. (collectively referred to herein as your “System”), it is your sole responsibility to back-up ALL data, software, information and all other files stored on your System. You acknowledge and agree that. Stafford’s Technologies shall not be responsible under any circumstance for any loss, alteration, or corruption of any part of your System, including but not limited to your data, software, and/or other files.
- SERVICES, FEES, AND SCOPE OF SUPPORT. (a) General Services. Except as otherwise provided herein,. Stafford’s Technologies will perform all diagnostic and other services that you request and that . Stafford’s Technologies believes to be necessary to upgrade or repair your System (referred to herein as the “Services”). Services may also include software and/or hardware installation and/or service, computer backup, system optimization, virus cleaning, and similar services. Stafford’s Technologies will attempt to diagnose your System problem, propose a solution, and provide an estimate of the costs of such solution. In certain cases, however, problem diagnosis and support may not be available due to problems with your System or its configuration that are beyond our control or ability. In the event the problems with your System are hardware based, . Stafford’s Technologies will discuss the issue with you and you will determine how to repair the hardware. Diagnostic fees will still be applicable. Please note that . Stafford’s Technologies does not perform warranty service or repairs on any hardware that is under the manufacturer’s warranty. (b) Software. In some cases the solution to your System’s problems may necessitate or be improved by additional software. If so, . Stafford’s Technologies may suggest that you purchase additional software downloads. In such event, . Stafford’s Technologies may either download and bill you directly for the software or may transfer you to a third party who will provide you with information about the software and who will collect your payment information. In either case, you acknowledge and agree that . Stafford’s Technologies does not warrant or make any representation about any services or software provided by any third party. (c) Access. In order to provide Services and prior to providing any Services, . Stafford’s Technologies must have (i) access to your residence or business and the Systems to be serviced, (ii) your consent and cooperation to enter your residence or business, (iii) a safe working environment and work space, (iv) electrical power, (v) all System passwords (including all operating system, network and all other passwords); (vi) all operating system and software discs and key codes; and (vii) any other items or conditions reasonably necessary for . Stafford’s Technologies to provide the Services. If . Stafford’s Technologies determines that these conditions have not been met, Services will be discontinued and a $95.00 cancellation charge assessed. For on-site Services, a person at least 18 years of age must be present during the entire time period Services are provided. If no adult is present when . Stafford’s Technologies arrives, Services will not be provided and a $95.00 cancellation fee will be charged. If . Stafford’s Technologies’ ability to render Services is impaired by you and/or circumstances beyond the control of . Stafford’s Technologies, . Stafford’s Technologies may choose not to provide or to discontinue such Services. . Stafford’s Technologies shall not be liable for any failure or delay in performance due to any cause beyond its control and a $95.00 cancellation fee will be assessed.
- SERVICE HOURS and TERRITORY. (a) Hours. Our normal business hours are from Monday to Friday from 09:00 A.M. to 5:00 P.M., Saturday 10 A.M. to 4 P.M. Emergency, rush, and after hour rates for rapid response or service outside of standard hours available at additional costs. (b) Territory. . Stafford’s Technologies prides itself in providing a sustainable solution to your IT support needs. To help out the environment, we use bicycles, public transportation/wheels to get to our clients. . Stafford’s Technologies Public Transportation/Wheels Service Territory is limited to Lexington City Limits. If a location lies beyond. Stafford’s Technologies Territory, we may need to travel by car and additional costs will apply.
- ORDERING AND PAYMENT OF SERVICES. Services may be ordered by anyone over the age of 18 by calling (859) 300.3363 and scheduling an appointment. Stafford’s Technologiesreserves the right to accept or decline any order and to refrain from providing any Services in its sole discretion for any reason, including that your technical needs or other requirements are beyond the scope of the Services Stafford’s Technologies offers. Payment for all Services is due at the time the Services are rendered. All invoices are due upon receipt. Payment for any hardware or software ordered at our customer’s request is due in advance. Stafford’s Technologies accepts, cash, checks (only if approved by Stafford’s Technologies Management Team), PayPal, or credit cards. There will be a $50 fee in the event any check is not honored. Stafford’s Technologies reserves the right to suspend Services to and to retain any customer equipment in Stafford’s Technologies possession in the event any customer has an outstanding overdue balance. Stafford’s Technologies charges 20 % interest on all accounts over 30 days. In the event Stafford’s Technologies retains a collection agency or attorney to collect any sums due it, you agree to pay all costs of collection, including reasonable attorney fees. Stafford’s Technologies prices and these Terms of Service are subject to change without notice.
- CHANGES, CANCELLATIONS AND REFUNDS. To change or cancel any appointment, you must contact Stafford’s Technologies at 859.300-3363 at least 24 hours prior to the scheduled Service. If appointments are not canceled or changed at least 24 hours in advance a $95.00 cancellation fee will be charged. If you are not satisfied with Stafford’s Technologies Services, please call us to discuss your concerns. Except as otherwise provided herein (for example, repairs necessitated by a virus or spyware), we stand behind our Services for 30 days. If there is a problem with the Service we provided and you notify us within the allotted time and warranty period, we will work to remedy the problem quickly.
- WARRANTY. In servicing your System, Stafford’s Technologies warrants that Services will be performed in a professional and timely manner. Most Services are warranted for a period of 30 days, except that THERE IS NO WARRANTY FOR REMOVAL OF VIRUSES, SPYWARE, ADWARE OR MALWARE, AND ALL WARRANTIES ARE VOID IF YOU HAVE TAMPERED WITH OR MODIFIED THE SYSTEM AFTER SERVICES HAVE BEEN RENDERED. THERE IS NO WARRANTY ON WEB HOSTING, DOMAIN NAMES, WORDPRESS, WORDPRESS PLUGINS, OR ANY OTHER WEB SERVICE SYSTEM AFTER SERVICES HAVE BEEN RENDERED. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY Stafford’s Technologies.
- LIMITATIONS OF LIABILITY. EXCEPT AS PROVIDED HEREIN, Stafford’s Technologies MAKES NO REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING ITS WORK, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Stafford’s Technologies, AND/OR ITS RESPECTIVE SUPPLIERS, BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIALS AVAILABLE FROM THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY Stafford’s Technologies. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT Stafford’s Technologies TOTAL LIABILITY FOR DAMAGES RELATED TO ITS SERVICES IS LIMITED TO THE TOTAL AMOUNT YOU PAY FOR THE SERVICES RENDERED BY Stafford’s Technologies. Stafford’s Technologies IS NOT LIABLE FOR LOSS, ALTERATION, OR CORRUPTION OF ANY SOFTWARE, DATA OR FILES OR FOR YOUR INABILITY TO USE YOUR COMPUTER EQUIPMENT OR OTHER PRODUCT SERVICED BY Stafford’s Technologies.
- INDEMNIFICATION. As partial consideration for Stafford’s Technologies providing Services, you agree to hold Stafford’s Technologies, its owners, directors, managers, officers, employees, representatives, and agents harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to your System and to any software or data residing or recorded in your System, whether incurred during the course of Stafford’s Technologies Services or otherwise. If any Service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, you authorize Stafford’s Technologies to transfer the information and accept such terms on your behalf in performing such Service, and you indemnify and hold Stafford’s Technologies harmless from any damages or liability that it incurs related to such software.
- TITLE; EQUIPMENT ABANDONMENT. All goods provided by Stafford’s Technologies shall remain the property of Stafford’s Technologies until paid for in full. It is your responsibility to pick up any hardware or other equipment from Stafford’s Technologies within 30 days of notice from Stafford’s Technologies. Any equipment left longer than 30 days will become the property of Stafford’s Technologies and may be disposed of at our sole discretion.
- These Terms of Service shall be governed by and enforced in accordance with, the domestic laws of the State of Kentucky without giving effect to any choice of law provision that would cause the application of the laws of any jurisdiction other than the State of Kentucky , irrespective of the fact that any one of the parties now is or may become a resident of a different state or nation. All disputes arising out or in connection with the services rendered by Stafford’s Technologies, if not settled amicably between the parties within thirty (30) days of notification of such dispute shall be settled by litigation. Each of the parties submits to the jurisdiction of any state or federal court sitting in Lexington or any other city in Kentucky , Kentucky, in any action or proceeding arising out of or relating to the services provided by Stafford’s Technologies and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. Each of the parties hereby waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto.
- RETAINER/MAINTENANCE. Either party may cancel a retainer or maintenance agreement upon thirty (30) days advance written notice to the other party. If Client has paid in advance for any Services, which Services have not been performed at the time of cancellation, such payment shall be prorated to the effective date of such cancellation and a refund of the remainder of the advance issued after subtracting all costs and expenses incurred by Stafford’s Technologies arising out of and/or related to the closing and/or transferring of Client’s account. Nothing herein is intended to, nor shall, excuse Client from payment in full for all Services performed by Stafford’s Technologies. Client will be expected to use 50% of the retainer hours by the end of the quarter. If 50% of the hours are not used, that percentage of hours will be credited to Stafford’s Technologies.
- Client Liability:
Stafford’s Technologies reserves the right to modify these terms of agreement without notifying clients. It is the client’s responsibility to review this policy as frequently as possible via Stafford’s Technologies website: (https://staffordstech.com/legal/).’ Or requesting one from an official Stafford’s Technologies staff member. all rights reserved. Unauthorized reproductions and, or copying of this document and any others is illegal.
- PRIVACY.Stafford’s Technologies adheres to the industry standard practices for keeping our clients’ data secure. All employees of Stafford’s Technologies sign binding confidentiality agreements to ensure they maintain privacy while dealing with client data.
Questions? Please call us (859).300.3363
Web Design Terms of Services
Buyer (hereinafter referred to as “You” or “Credit Card Holder” or “Client”). Seller, Stafford’s Technologies LLC a Kentucky Limited Liability Company (hereinafter referred to as “Our”, “Us” or “We”).
In lieu of this electronic “Terms & Conditions”, you have a right to request a paper copy of these “Terms & Conditions” before signing up. If you want a paper copy, please talk to one of our sales representatives or call us toll-free at 1-866-416-7823 and we will send you a paper copy via email, mail or fax.
Terms and Conditions
1) STANDARD TERMS AND CONDITIONS: These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Stafford’s Technologies LLC for its clients.
2) OUR FEES AND DEPOSITS: A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. We reserve the right not to commence any work until the deposit has been paid in full. All prices listed are in U.S Dollars. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses or 30 calendar days whichever is earlier.
3) REFUND POLICY: We work sincerely & dedicatedly to satisfy you. If you are still not pleased with our work, our refund policy works as below:
100% deposit would be refund, if requested within 15 business calendar days from date of order.
- Refund not applicable on domain registration fees.
- Refund not applicable for express service clients.
- Refund not applicable for any delays out of our control.
- Refund not applicable once website is completed.
- Refund not applicable on web hosting fees.
4) SUPPLY OF MATERIALS: You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.
5) VARIATIONS: We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of $65 per hour.
6) PROJECT DELAYS AND CLIENT LIABILITY: Any time frames or estimates that we give are contingent upon your full co-operation along with complete and final content for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. We will not be responsible if the Stafford’s Technologies project remains largely unfinished or is delayed, due to your own inaction, or by not approving design mockups / requesting Stafford’s Technologies changes on time. After the initial 30 calendar days, if the project is still unfinished, $65/hour would be billed for any further change request.
7) APPROVAL OF WORK: On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
8) REJECTED WORK: If you reject any of our work within the 7-day review period and not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as complete and take measures to recover payment for the contracted work.
9) PAYMENT: Upon completion of the 7-day review period and before the launch of website on your domain name, we will invoice you for the 50% balance of the project. We will never automatically charge your card without your approval. We reserve the right to remove any Stafford’s Technologies Project from viewing on the Internet until final payment is made. You unconditionally and personally guarantee the payments. In case collection proves necessary, you agree to pay all fees (including all attorney’s fees and court costs) incurred by that process.
10) COPYRIGHTS & TRADEMARKS: You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
11) LICENSING: Once you have paid us in full for our work we grant to you a license to use the website and contents for the life of the website. Web design templates, themes, plugins, and coding, is property of Stafford’s Technologies or Stafford’s Enterprises, LLC. Client is authorized to, modify, change content, or destroy any part of the website. Client MAY NOT claim the design of the website, or creation of the website. Client MAY NOT remove “Designed by Stafford’s Technologies” footer credit, unless authorized by a Stafford’s Technologies Staff Member.
12) SEARCH ENGINES: All website designed by us are search engine friendly. However, we do not guarantee any specific position in search engine results for your website. We perform search engine optimization according to current best practice at an additional cost.
13) CONSEQUENTIAL LOSS: We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
14) DISCLAIMER: Notwithstanding anything to the contrary contained in this contract, neither Stafford’s Technologies LLC nor any of its employees or agents, warrant that the functions contained in the Stafford’s Technologies project will be uninterrupted or error-free. In no event will Stafford’s Technologies LLC or its owners or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if Stafford’s Technologies LLC has been advised of the possibility of such damages.
15) ASSIGNMENT: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
16) NON-DISCLOSURE: We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
17) ADDITIONAL EXPENSES: You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional pages, purchase of third party software, stock photographs, fonts, domain name registration, web hosting, SEO or advertising services or any other comparable expenses. These extra add-ons have to be paid immediately upon your request.
18) BACKUPS: You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
19) OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING: We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
20) RIGHT OF REFUSAL: Stafford’s Technologies LLC reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also we have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.
21) GOVERNING LAW: Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into in the Commonwealth of Kentucky, United States. Any dispute will be litigated or arbitrated in the Commonwealth of Kentucky, and you hereby consent to the personal jurisdiction of the Fayette County, Kentucky Courts.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.
Web Hosting Terms of Services
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “services” refers to the web hosting and other services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term “Stafford’s Technologies.” or “Stafford’s Web.” Or “Stafford’s.” or “us” or “we” refers to Stafford’s Technologies LLC. .
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website. Please note that even though you upload a copy of your content to our servers, you must always retain a back-up copy of your content, data bases and other web-files, as in effect from time to time, so you can reload them in the event of any technical issues, such as server problems, technical or system related issues, loss of that content from our servers, etc.
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase Stafford’s.), and will take reasonable steps to keep it from being disclosed to any third party.
Please address any questions, comments and requests regarding our data processing practices to Support.
We will make every attempt to retain nightly backups for our shared & reseller hosting services. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic.
Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups.
* Stafford’s. shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.
* User is solely responsible for making back-up copies of the User Web site and User Content.
* Stafford’s. cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always keep up-to-date copies of all such materials and content to a local computer and Stafford’s. strongly suggest that Users regularly make additional copies (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of such files, content or materials.
Acceptable Use/Illegal Activity
Stafford’s. strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
* Hacking, this includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
* Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
* Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
* Uploading or linking to any content that violates another’s right of publicity or privacy.
* Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory;
* Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
* Hosting large amounts of data not specifically tied (“linked”) to your hosting account. Stafford’s. encourages users looking for file storage/backup solutions to seek other services that specialize in this.
*No Game Server (e.g Minecraft Server) on our vps plan.
A detailed Acceptable Usage Policy (AUP) can be found here.
All services provided by Stafford’s. may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless Stafford’s. from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact our Abuse Team with the information required to prove you as the rightful owner.
Examples of unacceptable material on all Shared/Reseller Hosting servers include :
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez/Torrents, affiliate servers, top sites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to Warez/Torrent content are prohibited.
Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any Stafford’s. server(s).
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Examples of unacceptable material on VP/Dedicated servers include:
Pirated Software / Warez/Torrents, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute Warez/Torrent content are prohibited. Gameservers (e.g., Minecraft) are prohibited on our servers due with the level of CPU abuse we’ve seen originating from them. Services that utilize CPU idle time such as Folding@Home are strictly forbidden.
Stafford’s. services, including all related equipment, networks and network devices are provided only for authorized customer use. Stafford’s. does not monitor or prescreen content that customers post on their websites. Further, Stafford’s. does not systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the “User Content”). However, at our discretion from time to time, systems usage may be monitored for all lawful purposes, including ensuring that use is authorized and in compliance with our terms and conditions and standards, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During usage monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Stafford’s. system(s) constitutes consent to such system monitoring for these purposes.
However, any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 24 hours.
If in doubt regarding the acceptability of your site or service, please email our Abuse department and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice, and reported to local authorities.
Resellers: We will suspend the site in question and will notify you so you may terminate the account. Failure to comply with our terms and conditions or with any notice we send to you may result in the immediate termination of your account.
Direct customers: Your services will be suspended/terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When, if at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publicly available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account suspended or terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Stafford’s. reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Stafford’s. reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Stafford’s. .
Bandwidth, Disk Usage, Email and FTP accounts and other Unlimited Resources
Stafford’s. provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol (“FTP”) accounts, the amount of which is defined in Stafford’s.’s web pages describing the package of Services purchased at the time of purchase. In some cases, Stafford’s. may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as “Unlimited”. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Stafford’s. reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User’s plan. User agrees that such usage shall not exceed the amounts set by Stafford’s. for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by Stafford’s. as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with Stafford’s. .
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Stafford’s. may monitor User’s use of bandwidth, disk usage and other resources. Stafford’s., in its sole discretion, shall have the right to take any corrective action if User’s utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, or normal usage by our typical shared hosting customer, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User’s Web site, User Content, User’s electronic mail and e-mail services and/or other materials and services or termination the User’s account and of this Agreement, which actions may be taken in Stafford’s.’s sole and absolute discretion.
Unlimited domains refer to sub domains, parked domains and add-on domains. In all cases (even those described as “unlimited”), the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Stafford’s. reserves the right to suspend, discontinue or delete the accounts of Users whose use of unlimited sub domains, parked domains and add-on domains results in or presents the risk of degradation of service to other customers, regardless of the amount of domains included in the User’s plan. User agrees that such usage shall not exceed the amounts set Stafford’s. for the Services purchased (the “Agreed Usage”) and is additionally subject to normal usage guidelines established by Stafford’s. as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User’s active electronic mail services related solely to User’s web hosting account(s) with Stafford’s..
If Stafford’s. takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User’s Web site, User Content and/or User’s electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize:
*the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
*the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
*the Services to traffic in illegal drugs, gambling, adult content, obscene materials or any other products or services that are prohibited under applicable law;
*the Services to export encryption software to points outside the United States in violation of applicable export control laws;
*the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message;
If Stafford’s. learns or discovers that User is violating any law related to User’s Web site, User Content and/or User’s electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, Stafford’s. may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User’s Web site, User Content and/or User’s electronic mail.
User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed normal usage limits, Agreed Usage, or other limits allocated for the account(s) and otherwise complies with this Agreement. Stafford’s. will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but Stafford’s. does not take responsibility if e-mail notification(s) is not received by the User. Stafford’s. reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.
Shared/Reseller Hosting Resource Usage
User may not:
*Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc;
*Run P2P daemons;
*Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers;
*Run any software that automates communications on an IRC (Internet Relay Chat) network;
*Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers;
*Participate in any file-sharing/peer-to-peer activities
*Run any gaming servers such as counter-strike, half-life, battlefield1942, etc without permission from Stafford’s.;
*Run cron entries with intervals of less than 5 minutes
*When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
VPS Hosting Resource Usage:
User may not :
*Abuse the fair share CPU policy. We are constantly monitoring our servers and we request you keep your server load below 5.00 to keep our servers stable for everyone. You can check your server load via SSH using the command “uptime” without quotations.
*Run P2P daemons;
*Run any software that automates communications on an IRC (Internet Relay Chat) network;
*Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our VPS servers;
*Participate in any file-sharing/peer-to-peer activities
*Run any gaming servers such as counter-strike, half-life, minecraft, battlefield1942, etc without permission from Stafford’s.;
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service. We guarantee a 99.9% uptime.
As we explain in this paragraph, we offer you a 30-day Money Back Guarantee only on all shared & reseller hosting plans. Upon cancellation of your account, you may request a refund for the remainder (un-used portion) of your term, excluding any setup fees that were charged when you signed up, and excluding domain registration fees. (Even if you received your domain for free through one of our promotional plans).
All refunds are subject to a $20.00 domain registration fee charge; however upon payment of such charge you will have the opportunity to continue to register and renew registration of your domain name after cancellation of your account. To cancel your account, just login to the account billing portal and navigate to Portal Home > Client Area > Services > Product Details then down the bottom of your screen click ‘Request cancellation’. From then on you can select weather you want the cancellation to be effective immediately or at the end of the billing period.
Stafford’s. also reserves the right to cancel your account with 24 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
If more than 3 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account and charge a 20% late fee, which means that your data, files and website will become in-active and cannot be accessed. If in the following 3 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon you account for your auto renewal at all times, failure to do so can result in your account being suspended or cancelled automatically.
If, however, 8 days pass from the date on which your account is suspended and you have not made payment in full, Stafford’s. shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 11 days behind in making payments, your data will be deleted. You hereby acknowledge that this is Stafford’s.’s policy when it comes to data retention, and waive all rights in and to your data in these situations.
Invoices for renewals will be issued and charged up to 5 days in advance to ensure that we receive cleared funds for the continued hosting service and domain renewal.
Stafford’s. is unable to process orders placed using virtual/pre-paid/gift cards as we are unable to accurately verify them. In such cases it is advised that you pay through a PayPal account if you have no other valid credit card to make the payment from.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made. We have the right to, add, delete, or modify these terms without prior notice.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
* an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
* a description of the copyrighted work or other intellectual property that you claim has been infringed;
* a description of where the material that you claim is infringing is located on the site;
* your address, telephone number, and email address;
* a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If Stafford’s. is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if Stafford’s. is found liable or pays to settle the dispute. In legal terms, this is called “indemnification”. Not only do you agree to reimburse Stafford’s. For what it pays to satisfy a judgment or settle a case, you also agree to pay Stafford’s.‘s reasonable attorney’s fees and all other costs Stafford’s. incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Stafford’s Technologies LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Stafford’s Technologies LLC. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Stafford’s Technologies LLC. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Stafford’s Technologies LLC. cannot be held liable for it. IN NO EVENT SHALL Stafford’s Technologies LLC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Stafford’s Technologies LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for a 3-month period for the services in dispute purchased from us, or, in the event of liability of Stafford’s Technologies LLC. due to your enrollment in the affiliate program.
Governing Law and Choice of Form
The laws of United States, the State of Kentucky will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Lexington, Kentucky.
By using Stafford’s. services you agree to the above terms of service as in effect from time to time.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect
This notice applies to all information collected or submitted on any of the Tactical Geeks websites. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:
- Email address
- Phone number
- Credit/Debit Card Information
The Way We Use Information
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register with our website if you would like to receive our services as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment to Children’s Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
How You Can Access Or Correct Your Information
You can access all your personally identifiable information that we collect online and maintain by emailing our privacy department or otherwise contacting our company. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Spam Monitoring Service
The IPS Spam Monitoring Service collects data from those sites using IPS software that choose to participate in the service. The email address and IP address of the registering member is passed to the service to determine the likelihood a registering account is a spam source.
Data from accounts determined not to be spammers are permanently deleted within 48 hours. Data from accounts determined to be spammers may be stored indefinitely to create a block list.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please email us at: email@example.com
The work with Rilex was done in a very professional manner; specifically the owner and CEO Mr. Vlad Stafford. We talked a lot and he listened. I personally recommend Rilex web for your IT and Web design needs. Thank you,
Vladimir is one of the best web designers I know. Over the years he has helped me setup over two dozen websites of which over a dozen are still active. He is a good listener and always provides professional services above and beyond that which is expected.
We at boomboxninjas needed a very reliable and trustworthy web hosting partner, with rilextech, and the ever so helpful Vlad, our business has never seen a day of downtime. Its been more than 4 years with rilextech and the business has only grown! Thanks rilextech!!