TAIS Terms of Service

IMPORTANT NOTICE: *All Payments to TAIS are non-refundable unless otherwise granted in this agreement*

TAIS (d.b.a. Wilcox Travel Agency, Inc., herein referred to as "The Company" or "TAIS") agrees to furnish services to the Customer, also referred to as the Subscriber, subject to the following TOS (Terms of Service).

Use of TAIS Service constitutes acceptance and agreement to TAIS's AUP as well as TAIS's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of TAIS and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of North Carolina, county of Buncombe applicable to contracts enforceable in that state. Venue will be Buncombe County, North Carolina.

Note: Pornography and sex-related merchandising are prohibited on any TAIS server. This includes sites that may infer sexual content or links to adult content elsewhere. This is also true for sites that promote any illegal activity, hate speech or content that may be damaging to TAIS servers or any other server on the internet. Links to such materials are also prohibited.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, TAIS shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may change the specified rates and charges from time to time. The promotional offer is contingent upon the Company's achieving and maintaining its cost of service goals including, but not limited to, rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. By entering your credit card information in the TAIS billing system, you agree to allow TAIS to capture funds from your card on your payment due date. For orders over $100.00, we may require written verification of authorization and a copy of the front of your credit card. The above applies to all accounts and services provided by TAIS.
Payments and Fees: Service will be interrupted on accounts that reach 30 days past due. Service interrupted for nonpayment is subject to a $10.00 reconnect charge. Accounts that fail to respond to legal requests within the timeline given will be subject to immediate suspension and charged a $175.00 administrative fee. Accounts that are not collectible by TAIS may be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a "processing and collection" fee of not less than $20.00 and not more than $175.00. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Accounts that are compromised are subject to an administration fee of $50.00 per hour of administrative time to investigate the issue. Accounts suspended for any reason are subject to a reasonable activation fee to be determined by TAIS, unless otherwise outlined in this agreement.
Refund and disputes: All payments to TAIS are nonrefundable, unless a refund is requested during any applicable money-back guarantee periods. This includes the one-time setup fee and subsequent charges regardless of usage. Any setup, account processing (3% or $3.00, whichever is greater) and professional service fees are nonrefundable, even during any money-back guarantee periods. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer or Paypal that, in the sole discretion of TAIS, is a valid charge under the provisions of the TOS and/or AUP, you agree to pay TAIS an "administrative fee" of not less than $20.00 and not more than $175.00.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. It is the subscriber's responsibility to keep up-to-date contact information. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: Request for termination of user accounts must be made via email to support@taisweb.net or via telephone at 828-252-8247. Termination requests received will take effect immediately. Prepaid fees (e.g., quarterly/annual payment plans) will be refunded for unused months. Partial months will NOT receive pro-rated refunds. Subscription fees for additional services, such as added space and bandwidth transfer, will be charged for the entire month regardless of whether the request for their termination is received prior to the activation of the said services.
Service Interruption: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Subscriber further acknowledges that the Company'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 the Company be liable for any special or consequential damages, loss or injury.
New Domains: Payment made for domain registration will not be refundable in all cases, including those that involve mistakes committed by persons at any stage of the domain registration process. A confirmation e-mail will be sent to registrants within 24 hours of the submission of the domain name purchase order.
Transfer of Domains: New webhosting accounts, which involve the transfer of a domain from another provider to TAIS, will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.
Support Boundaries: TAIS provides limited 24/7 technical support to our Subscribers. We limit our technical support to our areas of expertise. The following are our guidelines when providing support: TAIS provides support related to your services or web site's physical functionality as well as best-effort support for select software systems. TAIS does not offer tech support for application specific issues, such as CGI programming, HTML or any other such issue. TAIS does not provide technical support for YOUR customers. Unless otherwise stated in the plan description or stipulated in this agreement, TAIS will not modify any files or databases on customer sites.
SPAM and Unsolicited Commercial Email (UCE): TAIS takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of TAIS may not use or permit others to use our network to transact in UCE. Customers of TAIS may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Upon notification of an alleged violation of our SPAM policy, TAIS will initiate an immediate investigation (within 48 hours of notification). During the investigation, TAIS may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, TAIS, at its sole discretion, may restrict, suspend or terminate customer's account. Further, TAIS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. TAIS will notify law enforcement officials if the violation is believed to be a criminal offense.
The first violation of this policy will result in an "administrative fee" of $250.00 and your account will be reviewed for possible immediate termination. A second violation will result in an "administrative fee" of $500.00 and immediate termination of your account. Users who violate this policy agree that in addition to these "administrative" penalties, they will pay "research fees" not to exceed $175.00 per hour TAIS personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

Service Uptime TAIS makes no service uptime guarantees. Occasionally server or network maintenance will be required. TAIS will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the email address we have on file. If a third party, not associated with TAIS, initiates a "Denial of Service" or other form of disabling attack against our servers or networks, TAIS will do everything in its power to stop the attack, but cannot guarantee a resolution time. Also, downtime may occur due to unforeseen circumstances, such as hardware failure, acts of God, etc. TAIS will make every effort to restore interrupted services in a timely manner.
Suspension of Service or Cancellation: TAIS reserves the right to suspend network access to any customer if, in the judgment of the TAIS network administrators, the customer's account is the source or target of the violation of any of the other terms of the AUP or for any other reason which TAIS chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the Customer's account was suspended. The Customer will also not be credited for any fees if their account has been terminated.

TAIS reserves the right to amend its policies at any time. All resellers of TAIS must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.

Indemnification: TAIS wishes to emphasize that in agreeing to the TAIS Acceptable Use Policy (AUP) and Terms of Service (TOS), Customer indemnifies TAIS for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to TAIS or the bringing of any claim against TAIS by any third-party. This means that if TAIS is sued because of a Customer's or a customer of a Customer's activity, the Customer will pay any damages awarded against TAIS, plus all costs and attorney's fees.
Miscellaneous Provisions: You are responsible for providing TAIS with current contact information. E-mail, telephone and fax contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from, or notice to, Subscriber. Company reserves right to cancel customers' rights under this contract at any time without further obligation.
TAIS takes no responsibility for any material input by others and not posted to the TAIS Network by TAIS. TAIS is not responsible for the content of any other websites linked to the TAIS Network; links are provided as Internet navigation tools only. TAIS disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
TAIS is not responsible for any damages your business may suffer. TAIS does not make implied or written warranties for any of our services. TAIS denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions including equipment failure.

Responsibility for Content: You, as a customer of TAIS, are solely responsible for the content stored on and served by your account, and for ensuring such content abides by the TAIS AUP.