To request a service credit due to an uptime concern, please submit a request for this guarantee via TMNIT’s “Contact Us” form located at this URL:  http://www.TMNit.com/pages/contact/ If requesting a “service credit” we ask that subscriber briefly explains the reasons for doing so.

IV. Prohibition of Adult Content:

Subscribers of TMNIT’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.

V. SPAM and Unsolicited Commercial Email (UCE):

Upon notification of an alleged violation of our SPAM policy, TMNIT will initiate an immediate investigation. During the investigation, TMNIT may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, TMNIT may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer’s account. Further, TMNIT reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. TMNIT will notify law enforcement officials if the violation is believed to be a criminal offense.

VI. Payment:

Establishment of this service is dependent upon receipt of payment of stated charges by TMNIT. Subsequent payments are due on the anniversary date of the month for that month’s service or whichever is the selected billing cycle.

VII. Failure to Pay:

TMNIT may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees. In the event of an account termination we will not be held liable to save or archive the customers data.

VIII. Account Cancellation:

A subscriber may cancel his/her account at any time by providing a request via the “contact page.” If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how TMNIT could improve service. The cancellation will take effect immediately and the subscriber’s account will remain active until the end of the subscription. Account resumption is possible with proper notification using the “contact page.”

IX. Subscriber Acknowledgment:

Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of TMNIT and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that TMNIT shall not be liable for any damages arising from such causes beyond the direct and exclusive control of TMNIT. Subscriber further acknowledges that the TMNIT’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall TMNIT be liable for any special or consequential damages, loss or injury.

X. Change of Name servers:

In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of name-servers of a domain from other DNS servers to TMNIT’s DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain name-servers can not be changed at all. Due to the unpredictable nature of the name-server change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, name-server change of domain names is done by TMNIT on behalf of the account holder. In such cases, a successful change of name-servers cannot be guaranteed in any way or fashion as it solely depends on the accessibility or cooperation by the domain name registration’s registrar.

XI. Support Boundaries:

TMNIT provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support: TMNIT provides support related to your service plan’s features’ physical functioning. TMNIT does not provide technical support for the subscriber’s customers. The only way to request technical support is to utilize the technical support help desk located in your cPanel control panel. If you are able to get online and have other questions, please refer to the cPanel website www.cPanel.com We encourage you to check there first. Lastly, the “Quick Help” option in the control panel you are using may have the answer to your question. Please investigate these resources before contacting tech support.

XII. Network:

B. Bandwidth and Disk Usage
TMNIT offers limited guaranteed disk space and unlimited other resources, such as email or FTP accounts, (depending on your package) or a great amount of each one of these resources with certain plans. The intention of TMNIT is to provide a resonable amount of space and resources for our customer’s convenience. These resource and disk space allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and are not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All your downloadable files or files stored on the server have to be available for download via a HTML document stored on the Internet in a publicly or privately accessible area. This policy only applies to web sites that are considered to be abusive in service, disk space or resource consumption and where it is evident that the “fair-use” of resources among customers has been breached, particularly in regards to disk space utilization. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of TMNIT. If a “Fair-Use” breach occurs, TMNIT may have to remove files from the subscriber’s account in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that TMNIT may have to take.

C. System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of TMNIT’s network or any and all components there in. Violations of system or network security may result in civil or criminal liability. TMNIT will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:

1. Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any subscriber, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing.”
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which subscriber is not entitled.

XIII. Notification of Violation:

HTML clipboardTMNIT is under no obligation or duty to constantly view each subscriber’s activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. TMNIT will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other subscribers. If a subscriber is found to be in violation, the following steps are taken:

1. First violation: Any Subscriber, which TMNIT determines to have violated any element of this TOS shall receive an email warning them of the violation. Subscriber’s service is subject to a temporary suspension at TMNIT’s discretion pending a subscriber’s agreement in writing to refrain from any further violations.
2. Second violation: Subscribers, whom TMNIT determines to have committed a second violation of any element of this TOS shall be subject to immediate suspension or termination of service without further notice.

NOTE: TMNIT reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the subscriber. TMNIT will contact the subscriber as soon as it is feasible.

XIV. Suspension of Service or Cancellation:

If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.

XV. Miscellaneous Provisions:

Subscriber must provide TMNIT real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.

1. TMNIT takes no responsibility for any material placed on its network by others. TMNIT is not responsible for the content of any other websites linked to. Links to other sites are provided as Internet navigation tools only. TMNIT disclaims any responsibility for any inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
2. TMNIT’s subscribers are not permitted to run IRC servers.

XVI. Disclosure to Law Enforcement:

The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that TMNIT may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.

XVII. Indemnification:

Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.

XVIII. Severability:

If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

XIX. Applicable Law:

This TOS is subject to the governing laws of the State of Tennessee. Courts of competent jurisdiction in Memphis & Dyersburg, Tennessee shall hear and decide any disputes.