Terms Of Service
1. APPROPRIATE USE OF THE SERVICES.
You agree to the terms of our Acceptable Use Policy (“AUP”), which are stated at in full at
For training classes you agree to our Training Policies which are stated at in full at
2. PAYMENT OBLIGATIONS
All services provided by The Linux ETC Company (“Linux ETC”) are due and payable in advance of services being provided. The Linux ETC Company accepts VISA and MasterCard credit cards. If you have chosen to pay via credit card, your credit card will be automatically debited. If you remit payment to Linux ETC via check, any invoices you receive should be considered due upon receipt.
Any invoices that have not been paid within 10 days of being delivered via email will be considered past due, and your account will be considered delinquent. In the event that your account be considered delinquent, we will contact you via email to request payment. If payment is not rendered in 2 business days after a request for payment, your account will be suspended. If your account is suspended, you will have to pay any balance due plus a US$50.00 reconnection fee for Linux ETC to restore service. If you would like your account reconnected after business hours of 9:00AM to 5:00PM US Mountain Time, you will be charged a minimum reconnection fee of US$150.00. If it takes more than one hour to reactivate your account, any additional time required will be billable at US$100.00 per hour, in 15 minute increments.
Billing disputes must be made in writing within 30 of the original invoice date. Any disputes after the initial 30 days will be considered null and void. Courtesy invoices are supplied via e-mail on the recurring billing date. It is the customer's responsibility to verify that the charges are appropriate and submit any disputes immediately. Disputes are to be mailed to Linux ETC at the following US postal address:
The Linux ETC Company
10121 Yates Court
Westminster, CO 80031 USA
If Client chooses to register a domain name(s) through Linux ETC, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Linux ETC does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Linux ETC and agrees to pay any and all fees incurred by Client. Clients who subscribe to services billed on a monthly basis will not be eligible for refunds of any kind. Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Linux ETC for such Services, refunds will be issued for any unused full month month portions less one month of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.
Should Linux ETC be required to retain professional services in direct relation to client's site (such as law enforcement / IRS / legal actions), client shall be responsible for all third party expenses, in addition to administrative fees incurred by Linux ETC.
Linux ETC shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Linux ETC.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Linux ETC be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Linux ETC from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION, REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must in writing to Linux ETC at
The Linux ETC Company
10121 Yates Court
Westminster, CO 80031 USA
All cancellation requests must be received one business day before the end of your term. Sections 3 - 9 shall survive termination or expiration of this Agreement.
The Linux ETC Company provides a full 30 day satisfaction guarantee with all virtual and reseller hosting accounts. If you should be unhappy with any virtual or reseller hosting account within 30 days, a full refund will be issued within 24 hours, minus any AUP violations and overages.
Linux ETC may run promotions from time to time which include free days. Linux ETC will bill for these services in advance, however the official billing date will not begin until the free days have been provided. If you cancel service during free days, you will be issued a 100% refund within 24 hours, with exception of AUP violations, which will void any refund and may incur additional charges.
Client will pay and indemnify and hold Linux ETC harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE LINUX ETC SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE LINUX ETC SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. LINUX ETC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LINUX ETC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL LINUX ETC BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE LINUX ETC SITE OR ANY LINUX ETC PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL LINUX ETC CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500.00 US).
8. LAWFUL PURPOSE
Linux ETC reserves the right to refuse service to anyone. Customers may only use Linux ETC server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Linux ETC management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Denver County, Colorado, and any dispute will be litigated or arbitrated in Denver County, Colorado. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Denver County courts.
9. DATA LOSS
Linux ETC is not responsible for any data loss. Customers are strongly encouraged to and are responsible for keeping local backup files of all sites. Any backup services provided by Linux ETC are at our discretion and are not guaranteed unless otherwise specified under separate contract. Restoration of files from backup may incur restoration fees.
10. CUSTOMER EQUIPMENT
Packaging for any hardware sent to Linux ETC will be discarded unless otherwise requested. Packaging may be returned to Customer at Customer's sole expense if requested prior to package receipt. Any packaging material stored at Linux ETC premises will be subject to monthly storage fees. Customer will be responsible for providing appropriate packaging materials for any hardware to be shipped from Linux ETC, as well as associated shipping expenses and labor charges to process items for shipping. Customer equipment not picked up within 3 days of service termination will be subject to storage fees and/or considered abandoned and will become property of Linux ETC. Any outstanding balances must be paid prior to equipment being picked up or shipped. Linux ETC reserves the right to sell/auction hardware to settle delinquent account balances.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Linux ETC. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it's conflict of law rules. This Agreement and Linux ETC policies are subject to change by Linux ETC without notice. Continued usage of the Services after a change to this Agreement by Linux ETC or after a new policy is implemented and posted on the Linux ETC Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Linux ETC Site for any changes or additions.