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Tripcook Terms of Service

1. General Provisions

1.1 When signing up for any services of Tripcook you explicitly agree to all terms and conditions provided in below Terms of Service (TOS). The TOS are not exhaustive and Tripcook reserves the right to add, remove, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to tripcook.com or notification of the modified TOS. Any complaints about a user's violation of the TOS should be sent to un appropriate section mentioned under Contacts

1.2 Except when expressly agreed to the contrary in writing by an authorized representative of Tripcook, this TOS supersedes any other agreement with Tripcook, whether written, oral, by conduct, or otherwise.

2. Use of Tripcook Hosting

Eligibility

2.1 Paid members of Tripcook may choose to use our hosting services. The hosting service is available during the paid membership period (see Membership)

Prohibited Uses

Spam
2.2 Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Tripcook customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Tripcook server, and selling or distributing software (on a Web site residing on a Tripcook server) that facilitates spamming. Violators will face immediate suspension. Tripcook reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision. Uptime Guarantee

IRC
2.3 Tripcook does not allow IRC or IRC bots to be operated on its web hosting.

Software Distribution & Gaming
2.4 Tripcook Web Hosting is not configured for the purposes of distributing software and/or multimedia products. This includes but is not limited to file sharing, torrents, warez, and pirated material. Running any online gaming is prohibited due to intense CPU and memory usage.

Illegal Use
2.5 Tripcook servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Tripcook services, all Tripcook customers certify that they and/or the organization they represent in procuring services from Tripcook are not, nor have been designated, a suspected terrorist as defined in corresponding national and international acts of law; are not owned or controlled by a 'suspected terrorist' as defined in in corresponding national and international acts of law; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in lists or annexes to in corresponding national and international acts of law and all updates thereto.

Pornography and Adults Materials
2.6 The use of Tripcook services to store, post, display, transmit, advertise or otherwise make available pornography is prohibited.

Copyright Violations
2.7 The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Tripcook customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Tripcook customer (per the DMCA) to Tripcook must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Tripcook sole discretion.

DMCA Copyright Infringement Notification Requirements:

Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").

Identification of the material claimed to infringe the copyright(s), and enough information for Tripcook to locate it including URLs and specific descriptions of the infringing material at each URL. The Claimant's name, address, and telephone number(s). A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Send the notification via mail to the appropriate sections of our Contacts Page

The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512. Tripcook is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Tripcook will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies. In the event that Tripcook must remove, or disable access to, material on your created travel profiles, travel products or articles, or websites that are being hosted using our hosting facilities that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Tripcook may do so by disabling access to your entire page or website.

Website Ownership
2.8 The legal owner of customers' Web sites and accounts with Tripcook will be the individual or organization whose name is listed in Tripcook database as the owner. Customers will fully cooperate with and abide by any and all of Tripcook security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Tripcook.

Uptime Guarantee
2.9 Tripcook guarantees that your website hosted under Tripcook hosting will be up and running at least 99% of the time during any given 12-month period. This guarantee includes network and web server uptime. It does not cover any areas where Tripcook.com has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues with subscriber's domain name, denial of service attacks, or connection issues between the client's location and the Tripcook.com data center, including, but not limited to, internet service provider blockages, browser caching issues, IP blocks, etc. This uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Tripcook.com cannot directly influence. Uptime is monitored within servers which are a third party provider to Tripcook and other third party monitoring software will not be honored.

3. Indemnification

3.1 Tripcook customers agree to protect, defend, hold harmless, and indemnify Tripcook, any third party entity related to Tripcook (including, without limitation, third party vendors), and Tripcook executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Tripcook services. Disclaimer 3.2 The Tripcook service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Tripcook expressly disclaims any representation or warranty that the Tripcook service will be error-free, secure or uninterrupted. No oral advice or written information given by Tripcook, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Tripcook and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

4. Limitation of Liability

4.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL TRIPCOOK (INCLUDING, WITHOUT LIMITATION, TRIPCOOK'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Tripcook'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR TRIPCOOK SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Tripcook SERVICES EVEN IF Tripcook HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Tripcook'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR TRIPCOOK'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY TRIPCOOK OR TRIPCOOK'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

5. Modifications


5.1 Tripcook may discontinue, upgrade, replace, modify, or change in any way, without limitation, any section, feature, function, data, or portions or components thereof, used to provide customers with Tripcook services. Certain changes to Tripcook features and services may affect the operation of customers' personalized content. Each customer is solely responsible, and Tripcook is not liable, for any and all such personalized data and content, except as expressly agreed to by Tripcook.

6. Storage of data


6.1 Tripcook keeps user's data (such as profile data, products, articles etc.) on our website, in the file system and in databases on its server. Tripcook is responsible for preservation of such data only to the extent guaranteed by the hosting service provider which is chosen by Tripcook. In the event of data loss or corruption, Tripcook cannot be held liable for any loss or damage, nor made responsible for the restoration of such data.

7. Governing Law and Severability

7.1 The TOS, and any other agreement for Tripcook services, will be governed by and construed in accordance with the laws of the Seychelles Republic, without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Tripcook will take place in the Seychelles Republic, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Tripcook agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.

8. Independent Contractors

8.1 Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Tripcook and its customers. Each of Tripcook and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

9. Construction and Interpretation

9.1 Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.

10. Complete Agreement and Exclusivity

10.1 The TOS, and/or any other specific agreement for Tripcook services, constitutes the complete understanding and agreement between Tripcook and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Tripcook, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Tripcook services is between Tripcook and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Tripcook.

11. Support

11.1 It is the customer's sole responsibility to include Tripcook email addresses in any and all email white lists in which the customer may correspond with Tripcook. We are in no way responsible for email not being received due to spam filters, firewalls, or any other service that would potentially block Tripcook emails from being received.

11.2 The following outlines the scope and limitations of support Tripcook offers to its clients.

Support is extended regarding:

A. Web services, publication features, promotion functions and any kind of offer that is available and expressly offered on our website http://tripcook.com, in particular, its section Membership (http://tripcook.com/membership.html) which specifically mention functions and features available to users.

B. Promotional functions available on affiliated websites of Tripcook, such as distribution of users' travel products. The number and composition of such affiliated websites is solely in the discretion of Tripcook.

Hosting services which are described on the section: /travel_website_hosting.html. The hosting support is limited to the expressly specified number of incidents. Hosting support may agree to cover requests to look into the website structure, correction of errors or development of new functionality on user websites only if such requests are agreed by Tripcook's technical staff. Typically this is the responsibility of the website owner.

The typical set of services that is extended by our support includes with regard to hosting:
Basic Script Installation.
We provide installation services on specific third party scripts. We do not provide support or information on how to use th scripts or its features. We will not install any plugins or perform any customization to your scripts after the initial installation. Since these products are provided by third party vendors, we are unable to guarantee the security or maintenance of the scripts. Any security features or updates will need to be performed by the client.

Backup of data
All clients are responsible for maintaining current backups of data. We do have our own backups in the event of a disaster. These backups are available for restoration; however, we do not guarantee the availability of lost data.

Customer requested changes
In the event a customer requests a change that will affect the daily operation of the account, we will notify the client of any configuration changes that needs to be made to the software on their account beforehand. It is the client's responsibility to make any changes to the scripts or software installed in order to resume functionality. This includes primary domain name changes and username changes.

Customer responsibility. Basic computer and Internet knowledge
It is expected that you have general knowledge of computing and directory structure. It is also expected that you have a basic understanding of Internet concepts such as DNS, email, and FTP.

Domain Names
You are responsible for using the supported services provided by your registrar for anything related to your domain name. This includes: DNS changes made at the domain name level, name server registration, and name server changes. You are responsible for modifying your DNS records to point to your IP address, which can change without notification. Upon your request, our staff may see into this matter and help you properly modify your DNS records.

Email Client Configuration
We can assist you with the most basic settings for an email account with your preferred mail client, such as Microsoft Outlook, Apple Mail or Thunderbird. However, we cannot assist you in any advanced configuration or troubleshooting, such as spam filtering or adding third party email accounts.

FTP Client Configuration
Because there are so many different FTP clients available, we are unable to provide extensive troubleshooting relating to the advanced configuration of your FTP software. We will do our best to help you make a connection to your account using known working configuration settings.

Scripts & Applications
You are fully responsible for the operation of any and all scripts and applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications. This is a policy we must strictly adhere to.

Refusal of Service
We reserve the right to refuse, cancel, or suspend service for any reason or no reason, with or without prior notification, at our sole discretion.

12. Billing & Renewal Terms


Below Tripcook lists out a complete and detailed description for our billing terms applied to Paid Members.

12.1 Tripcook offers free and paid services on its website. The full description is available here: Membership.

12.2 The paid services are available to Members who purchased the appropriate level of membership.

12.3 The minimal period of time for which membership is purchased is ONE YEAR. If desired, a member may purchase longer periods of Membership; for this purpose, Renewal link in the Personal Account must be used. Such longer periods are always a multiple of ONE YEAR, that is, it can be TWO OR THREE whole years. You CANNOT purchase smaller periods of membership, such as 3 or 6 or 9 months, for example.

12.4 If a member chooses to upgrade to the next level of Membership while his/her previous membership is still unexpired, the remaining number of days will be added to the new membership period.

12.5 A purchased membership cannot be degraded.

12.6 A recurring fee can be charged from the Member if s/he has chosen such option during the payment process with a specific payment processor who allows such option.

12.7 Tripcook uses its Refunds Policies in dealing with return and refund of member funds. The minimal period of time for which membership is purchased is ONE YEAR. If desired, a member may purchase longer periods of Membership; for this purpose, Renewal link in the Personal Account must be used. Such longer periods are always a multiple of ONE YEAR, that is, it can be TWO OR THREE whole years.

13. Third Party Providers

13.1 You agree that certain services may be provided by third party providers of Tripcook and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

14. These Terms may Change

14.1 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 encourage you to check these terms of service regularly for any changes.

Any revisions to the terms of service will be come effective when posted on this page unless otherwise noted. In the event you do not agree to the modifications in the terms of service please contact us immediately to cancel your account or services.
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