Tiger Computer Systems
Service Terms & Conditions Agreement

This agreement is between Tiger Computer Systems (PROVIDER) and the party as specified in the Paypal payment on-line application and/or the party who hired the services of Tiger Computer Systems (CLIENT).

• Design Terms and Conditions

• Hosting Terms and Conditions 

• Online - Remote Technical Assistance and/or Support Terms and Conditions

Tiger Computer Systems - Design Terms and Conditions

1.     Website design, Business Card, Flyer, Logo design, and software development services only. This agreement covers the web design, software development, website services, web hosting, web maintenance services, and any website related matter related to the PROVIDER’s company and with relation of the involved party (CLIENT). Other services by the same PROVIDER are available at www.TigerComputerSystems.com and are subject to another agreement.

2.    Professional design services (flat fee). Includes any plan offered by PROVIDER available at www.TigerComputerSystems.com Those are discounted services based on preliminary designs. CLIENT has the right to choose from the preliminary designs on non-exclusive basis offered or presented by PROVIDER. The design service includes customization of the web site with client’s name, logo, text, images and colors; however, the discounted price does not include customizations and modification to the initial design.

3.     Policies. CLIENT agrees to abide by PROVIDER’S "Acceptable use policy" and "Copyright infringement policy". PROVIDER reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet. Both policies are available on-line at any time or as a hard copy by request only.

4.    Limitations. There are certain limits to each plan. Those include number of pages, number of color schemes, number of coordination steps, number of items in the shopping card etc. PROVIDER has explained the terms and listed the limitations at his web site. CLIENT agrees to abide by those limitations. CLIENT agrees to pay additional fee if he chooses to exceed such limitations. PROVIDER will not100% CLIENT about such extra charges and will proceed only with CLIENT’s approval.

5.     Custom design (per hour charge). CLIENT has the option to order any kind of web design, software design, software programming, logo design on a full custom basis. In this case customer pays per hour. The hourly rates are listed at the web site. Some custom work carries minimal hours. CLIENT understands that design is not exact science and that results may vary. CLIENT trusts PROVIDER based on his own research, review of previous work etc. CLIENT will be responsible for the payment of the hourly fees regardless how satisfied or unsatisfied with the result he is. Estimates may not be accurate. CLIENT pays per actual hours not per estimate. CLIENT may set limits and the work will stop when the limit is reached.

6.     "Add on". PROVIDER offers a number of standard “add on” features at flat rate. CLIENT agrees to pay such flat rate for the feature “as is”. If client requires additional features he agrees to pay for the extras on per hour basis.

7.     Ownership. License to use. PROVIDER grants to CLIENT one license to use any of the aforementioned products including but not limited to professional designs, custom designs, add on products, software, e-commerce stores, data base designs etc. One license means installation at one domain for the design and installation and use of one instance of the software.

8.     Maintenance. PROVIDER is offering and CLIENT has the option to subscribe for web site maintenance services. Maintenance plans vary depending on the needs of the CLIENT. The maintenance plans are based on monthly fees and may very according your needs with specific time and amount of labor.

9.  Tiger Computer Systems logo placement. CLIENT agrees the text and link “Contact the webmaster at Tiger Computer Systems” to be placed at the bottom of each and every web page designed by PROVIDER.

10.  Copyright. CLIENT is the copyright owner of the content (text, pictures etc.) unless CLIENT uses someone else’s copyrights with permission.

11.  On-line subscription. If CLIENT makes an on-line, paperless subscription for the services. CLIENT acknowledges that all the information he submits on-line is true and correct to the best of his knowledge. CLIENT agrees that the act of submitting his subscription Paypal form on-line is equivalent to his/her signature.

12.  Price change. PROVIDER has the right to change the price of the services to reflect a change in the cost of the service, or other reasons.

13.  Start of services. Services will typically start on the next business day after CLIENT submits the content.

14.  Content submission. PROVIDER will accept every reasonable communication like e-mail, Postal Service, etc. Special human coordinator is available to CLIENT 8 hours per day, 5 days a week to facilitate the content submission and to answer questions. It is CLIENT’s responsibility to provide all the content in a timely manner. Design work will not start before all content is submitted.

15.  Quality of Services. PROVIDER will apply the best efforts to provide the best possible quality.

16. Fees. CLIENT agrees to pay for the services and fees as specified at www.TigerComputerSystems.com CLIENT agrees to pay the full website project costs as specified on www.TigerComputerSystems.com, if he cancels his hired services or hosting before the expiration of the agreement.

17.  Delivery. PROVIDER will deliver (install) the design to a valid web address. (Business Cards and Flyers: Local Pick up only, Printouts may take up to 14 business days to be ready. Colors may be vary in printouts. After your design has been sent to printing, changes mean a new order.)

18.  Web hosting services. CLIENT understands and agrees that he has to have active web hosting in order to be able to accommodate the web design.

19.  Acceptance and acceptance by default. CLIENT agrees to accept the design within 3 business days after the notification of delivery. Mechanical errors could be reasons for non acceptance (rejection). Examples: someone else’s web site was delivered by mistake, missing pages, broken links, missing content etc. If client does not respond to inquiry for acceptance within 3 business days the work will be considered done and accepted by default.

20.  Termination. This agreement is terminated upon the acceptance of the design work by the CLIENT, however the obligations of client to pay remain after the termination of this agreement until all fees due are paid in full. This agreement will not terminate if CLIENT has purchased maintenance plan, or monthly plans. In this case, the Agreement will remain in full force as long as CLIENT has his account current. If CLIENT has purchased a bundled hosting product, it will carry a term of 12 months, or as specified at www.TigerComputerSystems.com If the client cancels before the end of the term they will be charged the full remaining balance of their subscribed plan which will be prorated accordingly.

21.  Payments. . CLIENT agrees to pay for Website Design Packages 50% of the project price to start and the reminder 50% to finish and get the project delivered. CLIENT agrees to pay upfront for all “flat fee” services and upon receiving of invoice for all hourly bills. Monthly charges are due upfront for the first payment and on the account anniversary date each month thereafter until the expiration of the payment term.

22.  Late Payment OR Not Sufficient Funds Payments. CLIENT agrees to pay additional late fee of 15% per month or the maximum permitted by the law of the amount due and non paid. A Non Sufficient Funds payment will incur in a charge of $20.00 or 15% whichever higher.

23.  No refunds. PROVIDER will not refund collected fees.

24.  Collections. PROVIDER has the right to disable CLIENT’s web site and to block the transfer of web content, software and/or domain name in order to collect money owed from CLIENT to PROVIDER. PROVIDER has the right to charge CLIENT depending on the chosen plan CLIENT did for the website project.

25.  No solicitation. CLIENT agrees not to approach PROVIDER's employees with proposals to hire them as his own employees or contractors. If CLIENT were to hire any of PROVIDER's employees, CLIENT agrees to pay PROVIDER for each employee thus hired customary fees charged by top employment agencies plus 30% surcharge.

26. LIMITED LIABILITY. PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS CONTENT AND ANY CONSEQUENCES OF THIS USAGE.

27.  Indemnification. CLIENT shall indemnify, defend by counsel reasonably accepted by PROVIDER, protect and hold PROVIDER harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the web design and other services provided by PROVIDER to the CLIENT.

28.  Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.

29.  Modification. This Agreement shall not be modified, amended, canceled or in any way altered, nor may it be modified by custom and usage of trade or course of dealing, except by an instrument in writing and signed by both of the parties hereto.

30.  Waiver. Performance of any obligation required of a party hereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.

31.  Severability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.

32.  Governing Law. This Agreement was entered into in the State of Florida and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of Florida applicable to contracts entered into and performed entirely within the State of Florida.

33.  Authority to Execute. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.

34.  Benefit of Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.

35.  Cumulative Remedies. Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.

36.  No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-a-vis one another.

37.  No Third Party Beneficiaries. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.

38.  Excused Performances. PROVIDER shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond PROVIDER's reasonable control. In the event of any such delay or failure, performance of the Services shall be deferred to a date and time mutually agreeable by the parties.

39.  Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

40.  Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.

41.  Gender. Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.

42.  Recitals. The recitals above set forth are incorporated herein by reference.

43.  Arbitration. Any dispute arising under this agreement shall be resolved by binding arbitration in the city of Kissimmee, Florida and under the rules of the American Arbitration Association.

Tiger Computer Systems - Hosting Terms and Conditions

1. Length of contract
   If you pay annually then your contract runs for 12 month from the date you first ordered.  Details of how to cancel the contract can be found below.
    

2. Server abuse
   Any attempt to undermine or cause harm to a server, or customer, of Tiger Computer Systems is strictly prohibited. Offenders will be prosecuted to the fullest extent of the law.
    

3. The content of your web site
   All services provided by Tiger Computer Systems may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, or any International laws is prohibited.
   The following list is not exhaustive, but it will indicate the sort of material you are not permitted to host:

• Copyright material.

• MP3 files containing copyright music, unless you created the music yourself and own the copyright.

• Material we judge to be threatening or obscene.

• Material protected by trade secret and other statute.

• Pornography and sex-related merchandising, including sites that link to such content.

• Pirated software, also known as warez.

• Hacker programs or archives, including sites that link to such content.

• Hate propaganda.

• Products designed to defraud others, e.g. satellite hacking equipment.

• Promotion of illegal activities.

• Content that may be damaging to our servers or any other server on the internet.

• Web sites promoted by spam or involved in spamming or selling spam related software or bulk email lists.

• IRC or IRC bots.

4. The content of your emails
   Spam is "Unsolicited junk e-mail sent to large numbers of people to promote products or services". We have a zero tolerance policy towards spam and we monitor our mail servers to ensure they are not being used for spamming. If we allowed customers to spam then our mail servers would be blacklisted and none of our customers would be able to send and receive mail reliably. It is in all customers’ interests that we stop spam.
   We do not permit:

• The sending of spam through our servers.

• Sending out spam through another providers mail server which includes links to web pages or email addresses hosted on our servers.

• Web sites promoted by spam or involved in spamming or selling spam related software or bulk email lists.

• As delegated by our upstream providers, any sites using spam or selling of spam related software or bulk email content will be closed. 

• If you spam, we will see you doing it, your account will be terminated and you will not get a refund.

• If we receive a spam complaint about your account we will.

• Suspend your account to prevent any further violations.

• Contact you to ensure you will not do it again.

• Either reactivate the account or terminate it.

5. Protecting server resources
   Each server has a limited amount of processing power and memory. We have found most our customers to stay within "reasonable limits", but sometimes people do cause problems for other users by using too many resources. If you are a shared hosting customer you may not:

• Provide hosting for third parties, unless you have a proper reseller account.

• Link to cgi scripts running on your account from other domains (e.g. banner exchanges).

• Use more than 10% of system resources on the server.

• We do not allow clients to install their own cgi or php chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. However, we provide chat systems which you may use free of charge.

• Bulletin boards are permitted, provided they stay within the 10% server usage limit explained above.

• We allow you (subject to a suitable hosting plan) to run programs to run continually in the background (cron jobs). However, these must not overload the server or affect other users sites.

• If you go over any of the limits described above we will suspend your account and contact you to resolve the situation. We may offer dedicated server hosting for an additional charge. If you do not move to a dedicated server or reduce your system usage we will terminate your account to protect other customers.

6. Specific programs/scripts not permitted.

             We do not permit the use of:

• The webmail part of PHP nuke or any of its derivatives as this allows anyone to send out email and will be abused by spammers.

• Formmail.pl from Matts Script archive. We have a secure version already installed on our servers, use it instead.

• Formmail.php. Use the secure formmail.cgi which we have already installed on the server.

7. Bandwidth usage
   Each hosting plan Tiger Computer Systems provides has a set amount of bandwidth available per month. We monitor this usage and if your site goes over the limit it will be suspended until the second day of the next month. If you do not wish to wait until the next month you can upgrade your hosting plan to one with more bandwidth. If you are concerned about going over your limit you should check your bandwidth usage in the control panel in the middle of the month and contact us if you think you will go over.

8. 99.9% uptime guarantee

9. IP Addresses and DNS delegation
   We provide IP address information in your welcome email. This is provided to allow access to the web site and control panel until the domain name has been transferred to our DNS servers. Customers are not permitted to link to their site or address via an IP address based link once the transfer is complete. This is for your own safety as it prevents links becoming out dated if we change your IP address. All customers must change their domain names' DNS servers to those specified on their welcome email. We do not permit customers to use external DNS management tools because of the likelihood of failure if we change an IP address. If you decide to use an external DNS service then you agree to absolve Tiger Computer Systems of all liability should your site fail due to DNS errors or the IP address changing at a later date. All IP addresses remain the property of Tiger Computer Systems or its upstream providers and are provided according to ARIN and RIPE rules and only when required for technical reasons.

10. DNS modifications
    We do not provide DNS management services. If you require changes to DNS records (A, MX etc) we will do our best to carry them out but we cannot provide a warranty that the changes will continue to work in the future.

Billing

12. Annual Billing: We will not bill your card automatically. We will send a renewal notice to the email address you provided us with when you signed up approximately one month before the renewal date. However, because 40% of our customers do not tell us when they change email addresses and because many ISP's spam filters remove emails which mention web hosting services we cannot guarantee delivery of these emails. We recommend that you make a note in your diary one year from the date you ordered the hosting originally. If we do not receive the renewal payment by the due date then we will suspend the account. If payment is still not received within 7 days we will assume the account is no longer required and delete it.

13. Data integrity and backups
    We will endeavor to keep backups of your data in order to restore the server if we have a disk failure. However, we provide no guarantee that we will be able to do so. It is in your own interests to keep a copy of your web site backed up on your own computer. You can do this by simply uploading changes from a copy you hold or by using the backup tool provided with most of our web hosting accounts. If you have an accident with your site we will do our best to help, but we may not be able to restore your files for you. It is impossible to have too many backups. Keeping a local copy at your location is the best way to protect your data. If you are a dedicated server customer then we do not keep any backups of your files. If you have paid us for a backup drive then you have the hardware and software necessary for making backups, but it is your responsibility to make sure you have it turned on. Again, we can make no guarantees about he integrity of backups.

14. Passwords
    We will provide you with a username and password for accessing your account. This will be sent to the email address you entered into our order form. If you lose your password we can resend it to the same email address. If your email address has changed you will need to supply proof of your identity before we will provide the password. The reason for this is that a large percentage of password requests we receive are from people trying to gain unauthorized access to customers accounts. It is in your interests that we verify your identity before issuing a password.

15. Indemnification
    By ordering services from us you agree to indemnify and hold harmless Tiger Computer Systems from any claims resulting from the use of the service which damages the subscriber or any other party.

16. Limitation of liability
    Your use of Tiger Computer Systems’s services are at your sole risk.  All Tiger Computer Systems  services are provided on an "AS IS" basis WITHOUT  WARRANTIES OF ANY  KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,  NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full. Tiger Computer Systems makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the Tiger Computer Systems service.
    IN NO EVENT WILL Tiger Computer Systems BE LIABLE FOR ANY
    DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
    INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
    PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR 
    INABILITY  TO USE Tiger Computer Systems 's  SERVICES OR ANY
    CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT 
    LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR
    BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY
    ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; 
    INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR
    TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; 
    COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM 
    OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS 
    TO,  ALTERATION OF, OR USE OF ANY RECORD.
    The formation, construction and interpretation of this agreement shall be controlled by the laws of Unites States. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement.

17. Legal jurisdiction
    These terms and conditions are exclusively governed by United States law and by ordering services from Tiger Computer Systems you submit to the exclusive jurisdiction of the United States courts.

18. Legal disputes
    If you intimate that you are entering into legal action against us we will suspend your account until the legal dispute has been resolved.

19. Explanation of the above
    We will do our best to keep the service running reliably but we will not be held responsible for any losses you incur through your use of it. If you are in business you should ensure you have adequate business insurance and we recommend you contact an insurance broker.

20. Changes to these terms and conditions
    Tiger Computer Systems reserves the right to change or amend these Terms of Service at any time without prior notice.

21. Enforcement
    Violations of these Terms of Service should be referred by email to support@tigercomputersystems.com. All complaints will be investigated promptly. Violations of these terms and conditions can be ground for immediate account deactivation without refund.

Tiger Computer Systems
Online - Remote Technical Assistance and/or Support Terms and Conditions

PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO INVOLVED AND/OR THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE.