• Home
• About Us
• Services
• Web Host
• Support
• Contact Us

Our Terms
Upon signing up for Topsarge's services, all customers agree to comply with Topsarge's Terms of Use. The spirit of this policy is to ensure our customers are using Topsarge's services with due regard to the rights of other Internet users and in conformity with the requirements of Topsarge's network environment.
Please note that asterisked items (*) are not applicable to Dedicated Server customers.
Illegal Use.

Illegal Use
Topsarge 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. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Security
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Resources*
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Topsarge shall be the sole arbiter of what is considered to be a high server usage level. 

Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. This includes accounting running services on ports higher than 80.

99.9% Uptime
If you are on a shared plan and were down more than 45 minutes in a month you are authorized a one-month credit, not to exceed more than one month credit in a given 1 month period, and not to exceed $25 per month.

Uploaded files (PPTClasses, TSPs, tools, guides, aids, etc.)
All Topsarge Business Solutions software is copyrighted. All files uploaded by the creator or author retain any expressed copyright and terms and conditions, and copyrights are left intact after uploading. The originator is assumed to have personally created the content and assumed to be the author. By voluntarily uploading a file you will be considered "donating" your intellectual property to Topsarge Business Solutions sites, including PPTClasses.com or Powerpointranger.com. Copyrighted material will not be accepted, and if items are later discovered to be copyrighted, will be immediately removed. Uploading copyright material will be responsible to the copyright holder and Topsarge Business Solutions is not responsible. By uploading a file (classes, TSPs, etc.) you imply your consent to allow our distribution and inclusion of these products voluntarily on our sites. Your expressly implied restrictions will be honored in all circumstances. All rights reserved.

CGI Scripts*
CGI script sharing with domains not hosted by Topsarge is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

User Level Security-3rd party scripts, passwords
You, the customer are responsible for keeping your account secure at the user level, this includes but is not limited to any software you install, including those installed with an initial script installer we provide, such as Fa1ntastico and/or the cPanel script manager, including 3rd party scripts and passwords you choose. If you install 3rd party scripts you are required to check for security issues with those on a regular basis and upgrade them as needed or as instructed to by Topsarge. Topsarge reserves the right to disable any script(s) that pose a potential security risk to your account or the server, or that were not upgraded upon request, and/or suspend your entire account. Topsarge is not responsible for any negative effects to other areas of your site as a result of disabling one or more particular scripts.

It is your responsibility to choose secure passwords, change them regularly, and properly manage passwords associated with your account. Topsarge reserves the right to change insecure passwords.

Chat Rooms*
Topsarge does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, Topsarge provides Java chat rooms that meet most users' needs and run without hindering system performance.

Background Running Programs and Cron Jobs*
Topsarge does allow programs to run in the background proving the Cpanel Cron job utility is used. Normal Crons will be considered a provided service however customers may incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Topsarge at support@Topsarge.com so that we can review your requirements.

IRC
Topsarge does not not forbid IRC or IRC bots to be operated on our servers, provided they are not used maliciously.

Bulk mail, UCE (Unsolicited Commerce Email) - SPAM
We do not allow bulk mail of any kind, whether it is spam or opt-in or double opt-in. If you are sending to a double opt-in list over 1,000 emails you must email our helpdesk for approval prior to sending. Any amount of emails which we believe are spam will result in the account being immediately suspended. This also includes using another server to send out emails to advertise a URL or email hosted on one of our servers. Topsarge will be the sole arbitor of what constitutes a violation of our Bulk mail policy. There is a 200-email per hour limit imposed by our Server owner, the use of bulk email programs like ConstantContact are highly encouraged.

Tech Support
Tech support is not unlimited. We reserve the right to limit tech support if it exceeds a reasonable level. Topsarge will be the sole arbiter of what constitutes a reasonable level. If your account requires support above a normal level we may provide support to you for an hourly fee. We do not provide tech support for addon domains other than adding them initially. We reserve the right to terminate and create a blank new account if a tech support issue arises with your account that cannot be easily and/or quickly fixed.

Any content which generates complaints directed by others to us directly is prohibited. Any content containing a persons or organizations sensitive personal data, including but not limited to credit card numbers, social security numbers, and drivers license numbers is prohibited. Offshore bank sites are prohibited. Any content related to terrorist groups is prohibited.  

Affiliates
Each customer must stay with Topsarge for more then 45 days to collect payment. All payments are mailed or credited unless otherwise agreed upon. Applies to new customers only.

Payments
Payments are processed with various payment processors, including Paypal, Dwolla or Google Checklist. Each site has it's own charge rate and period. By joining our sites you are indicating that you are also signing up for an annual subscription. You may cancel the subscription at anytime during your membership peiod. If you do not cancel it is our assumprtion that you intend to keep your subscription and your account will be charged again for another annual period. In the event the credit card or payment method on file is no longer valid you must contact us with new payment information within five days. Unpaid accounts are subject to discontinuation of service and account deletion. Payments over 30 days past due are subject collection agency fees and any applicable court costs and legal fees. Topsarge is not responsible for bank over draft fees.

Cancellation
All hosting plans are recurring billing cycles. To cancel fill notify us by email or via our Contact form at http://www.topsarge.com/contact-us.html or fax your cancellation request to 254-986-2411. You will receive a confirmation within 1 business day. Accounts cancelled after the 30 day money back guarantee period are subject to a $50 early termination fee, and proration's will be based on the monthly billing amount, domain registrations are non-refundable. We do not accept cancellation requests via email or in the form of a charge back. Refunds will not be given in the form a charge back. To obtain refund call 254-853-4410 or fax a refund request to 254-986-2411. If you do a charge back you must pay an administration fee equal to the amount of the charge back plus an additional $35 per charge back plus any collection fees and/or legal fees.

Refusal of Service
Topsarge reserves the right to refuse or discontinue service to anyone for any reason, or for no reason, at any time.

Vulgar and Abusive Language
The use of vulgar or abusive language to our support staff or any of our partners or suppliers is not tolerated and may result in immediate termination of your account.

Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify Topsarge of an infringement of your copyright, the DMCA requires that you:Send your notification to Topsarge's designated agent. You may choose any of the following three avenues for this notification:Email to abuse@Topsarge.com. Mail or courier to Topsarge Byusiness Solutions, Attention: Abuse, PO Box 1341, Temple, TX 76503

Include in your notification the following information: A 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 copyrighted work(s) claimed to have been infringed. Identification of the material claimed to infringe the copyright(s), and enough information for Topsarge to locate it. 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.

Domain Registration and Renewals
Domains registered with Topsarge may be renewed at any time prior to expiration for a maximum period of up to 10 years. While we will often call and/or email you prior to domain expiration, we do not guarantee we will do so and it is your responsibility to keep track of your domain.s expiration date. Failure to renew your domain prior to expiration may result in your domain being turned into a pay per click site. The pay per click site may include, and is not limited to, images, text and links, and contain content chosen by Topsarge's parent registrar. By registering a domain with Topsarge you agree that images, text, links, etc. of the parent registrars choice may be displayed if you do not renew your domain prior to expiration. You are also subject to any rules, decisions, and actions of the parent registrar at any time during valid registration period and/or renewal. Domains expired for more than 30 days may result in loss of domain or additional charges to get the domain back.

Upgrades
Topsarge will upgrade the server on a regular basis and/or as necessary. This will, among other things, help prevent security breaches due to known exploits of open source software, and prevent poor programming techniques which may cause a potential security risk. Prior notice of upgrades will not always be given. Topsarge is not responsible for any negative effects or non compatibility of your scripts and/or content on your website, after an upgrade, including misdeilvery, nondelivery and/or loss of data. Topsarge customers agree to indemnify and hold harmless Topsarge from any claims resulting from the use of our services that damages them or any other party. The Topsarge 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. Topsarge is not responsible for any loss of data, non-deliveries, wrong delivery, or any service interruption. Topsarge expressly disclaims any representation or warranty that the Topsarge service will be error-free, secure or uninterrupted. No oral advice or written information given by Topsarge, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Topsarge 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. If Topsarge is sued or threatened with a lawsuit from a third party because of something you do with the services, you agree to pick up the tab. Not only do you agree to reimburse Topsarge for what it pays to satisfy a judgment or settle a case, you also agree to pay Topsarge's reasonable attorney's fees and all other costs Topsarge incurs in defending itself.

Modifications
Topsarge reserves the right to add, delete, or modify any provision of its Terms of Use at any time without notice.

Topsarge Business Solutions
P.O. Box 1341
Temple, TX 76503
USA

Actions Taken by Topsarge
The failure by a customer to meet or follow any of the above Terms of Use is grounds for account deactivation. Topsarge will be the sole arbiter as to what constitutes a violation of the Terms of Use. Topsarge reserves the right to remove any account without prior notice. When Topsarge becomes aware of an alleged violation of its Terms of Use, Topsarge will initiate an investigation. During the investigation, Topsarge may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Topsarge may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Topsarge will notify the appropriate law enforcement authorities of such violation.Topsarge does not issue credits for outages incurred through service disablement resulting from Terms of Use violations.

Refund Policy (for website access)
Some of our sites are pay-for-access where immediate access allows our members to downloadfiles that we have online immediately and we guarantee the site to operate for your needs with 99.9% uptime. We guarantee to have the files listed on our site in our database for you to download, however we do not guarantee the class will meet your needs, that it will be error free, or that it will be accurate and current on the date that you download it. If you are not 100% satisfied with your ability to access our classes within 30 days from the purchase date, we will fully refund the cost of your order.