Terms & Conditions
Please read these Terms and Conditions (“Terms”, “Terms of Use”, “Terms and Conditions”) carefully before using the Tampa Bay Interactive, LLC website (the “Service(s)”) operated by Tampa Bay Interactive, LLC (“us”, “we”, or “our”).
Accounts / Service
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to cancel any service(s) at any time.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Tampa Bay Interactive, LLC.
Tampa Bay Interactive, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tampa Bay Interactive, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use our services will immediately cease. If you wish to terminate your account, you may simply discontinue using our service(s).
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Fees
You shall pay all fees specified in any subscription to Services or use of the Site (“Subscription”). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first five (5) days (as described in the section below entitled Cancellation and Termination and in the Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.
At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.
You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your Subscription at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
All prices listed, fees, charges and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period of time. The cost of Services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.
Any Service fees may not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Tampa Bay Interactive, LLC’s net income). All such taxes may be added to Tampa Bay Interactive, LLC’s invoices for the fees as separate charges to be paid by Client. All fees are fully earned when due and subject to Tampa Bay Interactive, LLC’s refund policy, when paid to Tampa Bay Interactive, LLC.
If Tampa Bay Interactive, LLC collects any payment due at law or through an attorney or under advice from an attorney or through a collection agency, or if Tampa Bay Interactive, LLC prevails in any action to which the Client and Tampa Bay Interactive, LLC are parties, Client agrees to pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Tampa Bay Interactive, LLC’s reasonable attorneys’ fees.
Client agrees to pay a minimum charge of $50.00 to reinstate and Account that has been suspended or terminated.
Client agrees to pay charge of $35.00 for all credit card chargebacks.
Unless otherwise specified, Client agrees to pay all fees and related charges shall be due and payable within thirty (15) days after the date of the invoice.
If any invoice is not paid within five (5) days after the due date of the invoice, Tampa Bay Interactive, LLC may charge a late fee of $15.00 for and in addition any amounts payable to Tampa Bay Interactive, LLC not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.
Intellectual Property Rights
All right, title, interest and ownership and intellectual property rights in and to the Site, Tampa Bay Interactive, LLC trademarks and the templates provided to Client by us, including but not limited to its “look and feel” (e.g., website design, development code, HTML, CSS, JavaScript, PHP, text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than your provided text Content, are and will remain the property of Tampa Bay Interactive, LLC or its software or content suppliers. Any website or derivatives of website content, provided that you may build using the Site belong to Tampa Bay Interactive, LLC. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties.
Subject to the terms and conditions of this Agreement, Tampa Bay Interactive, LLC grants to you, during the term of this Agreement, a non-transferable, non-sub licensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.
You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Tampa Bay Interactive, LLC related to the Services, the Site or Tampa Bay Interactive, LLC or its business (“Feedback”) shall become Tampa Bay Interactive, LLC’s property without any compensation or other consideration payable to you by Tampa Bay Interactive, LLC, and you do so of your own free will and volition. Tampa Bay Interactive, LLC may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Tampa Bay Interactive, LLC may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Tampa Bay Interactive, LLC in any Feedback and, as applicable, waive any moral rights.
Tampa Bay Interactive, LLC owns any test results, data information and other output generated by your use of the Site and/or the Services during the term of this Agreement.
The following are registered trademarks, trademarks or service marks of Tampa Bay Interactive, LLC or its Affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Tampa Bay Interactive, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Tampa Bay Interactive, LLC or its Affiliates.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We may update or modify these Terms at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Terms and Privacy Policy.
Web Content Accessibility Guidelines Compliance Disclaimer (“WCAG Disclaimer”)
YOU ACKNOWLEDGE AND AGREE THAT TAMPA BAY INTERACTIVE, LLC DO NOT WARRANTY, ASSURE AND/OR GUARANTEE THAT ITS SOFTWARE IS OR SHALL EVER BE COMPLIANT WITH THE WEB CONTENT ACCESSIBILITY GUIDELINES PURSUANT TO WCAG 2.0, WCAG 2.1, AND/OR ANY SUCCESSOR LAWS OR GUIDELINES (COLLECTIVELY, “WCAG COMPLIANCE”).
YOU FURTHER ACKNOWLEDGE AND AGREE THAT TAMPA BAY INTERACTIVE, LLC DOES NOT WARRANTY, ASSURE AND/OR GUARANTEE THAT IT’S SOFTWARE, CODING, AND/OR PHP PROGRAMMING LANGUAGE CAN BE MODIFIED TO MEET WCAG COMPLIANCE.
BY USING AND/OR DOWNLOADING TAMPA BAY INTERACTIVE, LLC YOU EXPRESSLY ACCEPT TAMPA BAY INTERACTIVE, LLC AS-IS AND AGREE TO BE FULLY RESPONSIBLE AND SOLELY LIABLE TO ENSURE THAT YOUR WEBSITE AND/OR YOUR INTENDED USE OF TAMPA BAY INTERACTIVE, LLC MEETS WCAG COMPLIANCE AND ANY OTHER ACCESSIBILITY REGULATIONS, AS REQUIRED BY LAW, WHICH MAY CHANGE FROM TIME-TO-TIME. YOU FURTHER AGREE TO TEST TAMPA BAY INTERACTIVE, LLC AND ALL OF ITS FUNCTIONALITY AND FEATURES ON YOUR WEBSITE LOCALLY PRIOR TO ALLOWING TAMPA BAY INTERACTIVE, LLC TO BECOME LIVE TO THE PUBLIC IN ORDER TO ENSURE THAT YOU ARE ABLE TO MEET WCAG COMPLIANCE. FURTHER, IT IS YOUR RESPONSIBILITY TO REMAIN INFORMED ON ALL ISSUES AND REQUIREMENTS RELATING TO WCAG COMPLIANCE.
BY CHOOSING TO DOWNLOAD, INSTALL AND/OR OTHERWISE USE TAMPA BAY INTERACTIVE, LLC ON YOUR WEBSITE, A THIRD-PARTY WEBSITE, AND/OR ANY OTHER ONLINE PLATFORM YOU HEREBY CLAIM THAT ANY SUCH WEBSITE(S) AND/OR ONLINE PLATFORM(S), INCLUDING ALL PAGES AND FEATURES HAVE BEEN TESTED BY YOU AND MEET WCAG COMPLIANCE. IN NO EVENT SHALL TAMPA BAY INTERACTIVE, LLC (INCLUDING ANY OF ITS AUTHORIZED REPRESENTATIVES, PRINCIPALS, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, ASSOCIATES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, LICENSEES AND/OR OWNERS) BE LIABLE TO YOU OR TO ANY THIRD-PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF FOR ANY FAILURE TO MEET WCAG COMPLIANCE. YOU AGREE TO TAKE ALL RESPONSIBILITY RELATED TO MEETING WCAG COMPLIANCE.
IN THE EVENT THERE ARE ANY CONTRADICTIONS BETWEEN THE TERMS CONTAINED IN THIS WCAG DISCLAIMER AND ANY OTHER TERMS OF SERVICE ON THIS SITE, THEN THE TERMS HEREIN SHALL CONTROL AS TO AN INCONSISTENCIES.
Automatic Renewal / Subscription Services
Unless you notify Tampa Bay Interactive, LLC before the end of the applicable subscription period that you want to cancel your services, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription for such Renewal using any credit card or other payment medium we have on record for you. A subscription can be cancelled at any time by writing us.
Cancellation and Termination of services
If you wish to cancel your Subscription, you can do so by writing to us by email or using the contact form on our website. If you are unable to find this option within the website or if you have questions or need assistance, please contact Support and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, provided however that if you cancel your Subscription within the first five (5) days of opening your Tampa Bay Interactive, LLC Account, you will receive a refund of your Subscription fee.
Tampa Bay Interactive, LLC reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, Tampa Bay Interactive, LLC may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement. Tampa Bay Interactive, LLC also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. Tampa Bay Interactive, LLC reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.
Refund Policy
The Tampa Bay Interactive, LLC no-risk money back guarantee offers that, if you have paid in full for services at any time within the first 5 days of opening your Account or within 5 days of your annual renewal you decide that Tampa Bay Interactive, LLC is not right for you, then just let our awesome support team know (we make it easy!).
We will stop your Subscription and issue you any refund if available. Your request for a refund must be received within 24 business hours of the 5 days of the date and time of opening your Account or your annual renewal. While some refunds may be instant, refund credit can take up to 5–10 business days to show up in your credit card statement.
If adequate notice is not received and your credit card is subsequently charged, you will not receive a refund. Tampa Bay Interactive, LLC reserves the right to review or deny any refund at any time for any service rendered. You are responsible for any balances owed before any refund can be made. Service fees are non-refundable.
Agreement to Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
You hereby agree to submit to the exclusive jurisdiction of the courts in Lithia, Hillsborough County, Florida, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that Tampa Bay Interactive, LLC may seek and obtain injunctive relief in any jurisdiction.
Conduct Towards Tampa Bay Interactive, LLC
Tampa Bay Interactive, LLC will protect the health, safety, and welfare of its employees. Unprofessional conduct, threats, abusive language (including, but not limited to, disparaging remarks regarding the sex, race, religion, or sexual orientation of Tampa Bay Interactive, LLC’s employees) and/or anything that could be considered hate speech in the course of Client’s communications with Tampa Bay Interactive, LLC will not be tolerated. Such conduct may result in the termination of communications and repeated offenses may result in the suspension, cancellation or termination of termination the Services account, without any refund to Client, as determined in Tampa Bay Interactive, LLC’s sole discretion.
Severability
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
Legal Remedies
You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if Tampa Bay Interactive, LLC does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Tampa Bay Interactive, LLC has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tampa Bay Interactive, LLC’s rights and that those rights or remedies will still be available to Tampa Bay Interactive, LLC.
Surviving Provisions
The sections of “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability/Exclusion of Consequential and Related Damages”, “Indemnity” and “Agreement to Governing Law and Jurisdiction”, “Severability”, “Legal Remedies”, and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.
Manner of Giving Notice
Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Billing-related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you.
Hosting Agreement
Agreement. These Web Hosting Terms of Service (“Web Hosting TOS”) are an agreement between TAMPA BAY INTERACTIVE, LLC. (“Tampa Bay Interactive, LLC”) and the party (“Client”) set forth in the related order form, which is incorporated herein by this reference (together with any subsequent order forms submitted by Client, the “Order Form”) and applies to Web Hosting ordered by Client (collectively, the “Web Hosting Services”). By accessing and/or using the Web Hosting Services Client signifies that Client has read, understands, acknowledges and agrees to be bound by these Web Hosting TOS, along with Tampa Bay Interactive, LLC’s Terms of Service Agreement (“Terms”), Acceptable Use Policy (“AUP”) and Privacy Policy (“Privacy Policy”) all of which are incorporated herein by reference. Any capitalized words not specifically defined herein shall have the meaning(s) set forth in the Terms. In the event of a conflict between the provisions of the Terms, AUP or Privacy Policy and the provisions of these Web Hosting TOS, the provisions of these Web Hosting TOS shall control.
Web Hosting, Office365, Microsoft Office (We require access to your Microsoft account to verify user account(s) for exchange mail server) and WordPress Hosting. Each of these plans place Client Content within one or more of Tampa Bay Interactive, LLC’s servers. Each Client is given a unique domain name system (“DNS”) identifier, which translates domain names to IP addresses to allow Internet browsers to load Internet resources. Hardware and software resources may be shared between Clients on the same Tampa Bay Interactive, LLC servers. At no time change these services be used outside of Tampa Bay Interactive, LLC without a service subscription plan.
Tampa Bay Interactive, LLC will backup and store hosted files every 30 days (If service is available and client account is up to date).
Client understands and agrees that all Client Content posted and/or stored on Client’s website(s) will not be used for committing or promoting any type of illegal activity including, but not limited to, fraud, mail bombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez,” “hacking”/”cracking”/”key generators,” gambling, obscene material, or be used in the traffic of illegal materials.
The Services may involve the submission, collection and/or use of personally identifying or identifiable information about Users, Client and Client own Customers (“Data”) in the course of Client use of these Services (“Covered Services”). The Data, for the purpose of this Section, excludes any User Content. Company’s Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide Client contractual assurance that Company has robust mechanisms to ensure the transfer of Client Data, including transfers of Client Data from the European Economic Area (“EEA”) to the Covered Services, meets with compliance under applicable data privacy laws. The DPA can be viewed on the Tampa Bay Interactive, LLC website.
CPU Usage. Client agrees that Client shall not use excessive amounts, as defined by Tampa Bay Interactive, LLC, of CPU processing on any of Tampa Bay Interactive, LLC’s servers. Any violation of this policy may result in corrective action by Tampa Bay Interactive, LLC, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Tampa Bay Interactive, LLC’s sole and absolute discretion. If Tampa Bay Interactive, LLC takes any corrective action under this section, Client shall not be entitled to a refund of any fees paid in advance prior to such action.
Bandwidth and Disk Usage. Tampa Bay Interactive, LLC shall provide Client with a large volume of bandwidth, disk space, and other resources as defined in the Service offering. The Services are intended for reasonable, as determined by the Tampa Bay Interactive, LLC, business use only. Any activity that results in excessive usage inconsistent with reasonable usage patterns is strictly prohibited. Client agrees that such bandwidth and disk usage shall not exceed the amounts set by Tampa Bay Interactive, LLC for the Services (the “Agreed Usage”). These allotments are optimized and dedicated towards serving the Client Content. Client shall not use any bandwidth and/or disk usage for materials other than the Client Content. Tampa Bay Interactive, LLC will monitor Client’s bandwidth and disk usage. Tampa Bay Interactive, LLC, in its sole discretion, shall have the right to take any corrective action if Client’s bandwidth or disk usage exceeds the Agreed Usage or other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of Client Content and/or other materials or termination of this Agreement, which actions may be taken in Tampa Bay Interactive, LLC’s sole and absolute discretion. If Tampa Bay Interactive, LLC takes any such corrective action under this section, Client shall not be entitled to a refund or credit of any fees paid prior to such action. Client will comply with all applicable laws, rules, and regulations regarding Client Content.
SERVICE UPTIME GUARANTEE: After your purchase of a Business Class account, Client may contact Client Support to have your physical uptime checked no more than once within a 30-day period. If your Business Class Pro Server has a physical downtime that is not within the 99.999% uptime Client may receive one month of credit on your account. Approval of the credit is at the discretion of Tampa Bay Interactive, LLC, dependent upon the results of the check performed by Tampa Bay Interactive, LLC Client Support. Third-party monitoring service reports may not be used for justification due to a variety of factors, including the monitor’s network capacity and reliability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. If an approved downtime event is reported following a check Client request, Client must request your credit within one (1) week of receiving notification of such a report.
Scheduled downtime for server maintenance is not regarded as downtime for purposes of relevance for this credit, nor is downtime caused by unavoidable acts of God, nor by third-party digital or physical attacks on Tampa Bay Interactive, LLC servers and data centers, such as direct denial of service (DDoS) attacks, or other forms of hacking. Interruptions in service caused by Client from custom scripting, coding or the installation of third-party applications are likewise not eligible to be counted against downtime. Tampa Bay Interactive, LLC reserves the right to measure uptime on its own at any time.
Website Updates/Changes
We do not provide clients with access to update or make changes to their websites directly. This service is included exclusively in our monthly VPS hosting plan. For websites on shared hosting, updates and changes will be billed at our current hourly rate.
Miscellaneous
At no time will Tampa Bay Interactive, LLC give third parties access to client server accounts (e.g. dns, Cpanel, WHM) without written permission. Permission may be granted or refused whether services are needed for third party website integration.
Contact Us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us.
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