Torchwoodhosting.com Terms and Conditions
Terms Of Service
Last updated April 8, 2021
When you purchase a server be it an Audio or Web server or Android app you do hereby agree to the following:
ALL SALES ARE FINAL NO REFUNDS
You agree that you shall hold torchwoodhosting.com blameless for any loss of service or other issues not caused by our servers or any employee of torchwoodhosting.com furthermore you agree that ALL Sales are FINAL!
You further agree that by purchasing a server with us that you will not seek any legal actions against torchwoodhosting.com, or any of our employees and shall hold torchwoodhosting.com blameless for any actions caused by hackers, acts of god, or other server issues that are not within our scope of control!
You do hereby agree that all server purchases (Web, Audio and Video Servers) will be non-refundable IE: If you pay for six months then you will have your server for six months, if you cancel before your next server payment then torchwoodhosting.com is under no legal obligation to refund any portion of your payment because you paid for a set amount of time of your own free will!
With the exception of web servers what is played on Audio/Video servers sold by torchwoodhosting.com will be the sole responsibility of the you the Server Owner to obtain all rights and or pay any royalties on music played by your server . torchwoodhosting.com shall not be named in a legal actions where a server owner had violated copyright or intellectual property rights of another. torchwoodhosting.com only sells the Radio servers we have no control over what is played on them!
If a Charge back is done against torchwoodhosting.com you do hereby agree that torchwoodhosting.com has the right to suspend any and all servers owned by the person doing the charge back or the account owner that the charge back was done on with out notice. If the charge back was accidental and is reversed in a timely manner your server(s) will un-suspended however there will be no credit issued for the time during the suspension!
You also do hereby agree that any fees imposed on torchwoodhosting.com by the credit/debit card company will be paid by you (or the person who paid for your server with their card)
Anyone who does a 'deliberate' charge back against torchwoodhosting.com shall be automatically set for auto termination at the end of there billing cycle and you further agree that torchwoodhosting.com will no longer provide technical support for your server(s) if the charge back in ruled in our favor you do hereby agree that our only obligation will be keep your server running and online and we will be under no obligation to provide any kind of tech support!
Transferring or RE-selling your server(s) to someone else is prohibited unless approved by torchwoodhosting.com. If you sell your server to someone else by accepting these terms of service you do hereby agree that torchwoodhosting.com will not provide any support what so ever on any server(s) that has been transferred or resold unless the transfer was approved by torchwoodhosting.com.
Customers of torchwoodhosting.com who decided to get licensed via any 3rd party company are hereby advised that most of these licensing company's relay your radio stream to their own stream which means (since most require you to use their player(s)) if you have a music issue IE buffering, loss of music, or song names not showing up right, etc.... that you will first check your radio cpanel to make sure the issue is not with the server its self (ie if the music playes fine on your radio cpanel but not on your licensing company's players then the issue is on their end now if its not working on the cpanel then it is our end and/or you or your dj's end if it is the server you should contact us and we will work to fix the issue. If the issue is on your licensing company's end we can not fix that you will have to contact there tech support). We try to maintain our servers in a way where there should be very little issues for you but sometimes things happen like net backbone issues, congestion issues (especially during holidays), and or course hackers who attack our servers all of these are beyond our control so we do ask for you patience we do understand that it is frustrating when an issue happens normally we are on the issues as soon as they occur but some issues cant be fixed in an instant we work to fix them as fast as we can!
Web Servers Only - Torchwoodhosting.com will not host any web site that is Pornographic, Illegal, or infringes on the intellectual property rights of another. Any Web site found to to be in violation of this or any laws will be removed and NO REFUNDS will be issued for the server.
This does not apply to radio servers playing on websites because torchwoodhosting.com has no control over what is played on the radio servers it is the responsibility of the radio server owner to obtain all the proper licensing for content played on a radio server. torchwoodhosting.com CAN NOT be held liable for the content of what is played on audio servers even if the web site is hosted by us.
We regularly check and monitor all web servers sold at torchwoodhosting.com for porn and illegal file sharing and other things but we have no control over the content played on radio server even if the web site/radio server is hosted by us!
ALL SUPPORT ISSUES are to be done either though the Billing system support requests via Yahoo messanger, Skype, email may not get answered. If you are contacting us for support always include your name, phone number, your server name and your real port number! This helps us quickly find your server to check on your issue and resolve it not having this info could cause any problems to last longer because we have to figure out what server/port is having the issue before we can fix it!
Payments made for someone else on a server:
torchwoodhosting.com will not get in between disputes between who we have as the registered server owner and the person who pays for someone's server.
If you are paying for someone's server then you have an agreement between you and that person and you further agree that torchwoodhosting.com does NOT have a contract with you, our contract is with the registered owner of that server
You Further Agree that torchwoodhosting.com's Job is to Provide you the Customer with an Audio Server and is NOT RESPONSIBLE for maintaining, filling, or providing you with any additional support on Servers with an Auto DJ beyond the Initial training of you when you purchased your server. Additionally if you require more Training on how to fill, or use the Auto DJ, then there will be an additional charge of $20 per hour billed in 1 hour increments for additional Training on How to use, or fill the Auto DJ, Depending on your Payment History this charge may be required up front or billed with your regular monthly payment, Refusal to pay this charge can and will be considered grounds for Server Suspension/Termination at torchwoodhosting.com's discretion. By Purchasing an audio server with torchwoodhosting.com you are agreeing to this Provision in the TOS Further more these Training Charges are NON REFUNDABLE you will be Told Up front and it will be logged in our support logs of your acceptance of this charge (For Legal Purposes only) before any Training is started.
All Servers are billed US Dollars, if you are in another county it will be your responsibility to make sure your payment is enough
to cover your Server payment at the current exchange rate.
If you get more then one server from us and you fail to pay for any one server (unless you cancel the server before it gets suspended) then all servers you have at our option (does not matter if the other servers are paid up or not) may be subject to suspension also and any servers that were paid the money may go towards what is owed on the server you did not pay on before it was suspended. It will be at our option if we decide to allow you to just pay the server that was suspended + the late charge of $10.00 or require payment on all suspended (prorated for the rest of the month remaining) + $10.00 reactivation fee on each server.
I'm sorry but people have been using us as free servers and not paying and we have to put a stop to it. We make every attempt to contact an owner before suspending a server and if we do not get anything back we can only assume you do not want the server any more.
All Servers are Due on your due date (Terms are Net 1 meaning you have 1 days from the due date to pay) on the 1st day after your due date your server will be suspended at or around midnight and if suspended and pay your server bill invoice your server will be re activated (radio servers with auto dj will require you to go login and restart your auto dj)! 2 DAYS AFTER THAT IF WE DO NOT HEAR FROM YOU THEN YOUR SERVER WILL BE TERMINATED! (All files in auto dj will be lost and can not be recovered!)
If your server gets suspended (and turned back on) 2 months in a row you may be required to pay an additional month (deposit) so your server will have pre-paid status in our accounting records, if you choose to terminate your server with us before the end of a month (and you give us 30 day notice Prior to your prepaid month) then we will refund your deposit but if you wait till the due date then that deposit you paid is NON-REFUNDABLE.
In the past we have tried to be the nice guys, we understand that sometimes expenses come up that you can't control but we have had too many people abuse our "being nice" and well its been costing us money to have servers running that do not pay and use them for 2 or 3 weeks before we turn them off. You wouldn't ignore your electric bill or your car payment so why ignore your server payment!
There will be only ONE extension given on server payments in a 60 day time frame, if it exceeds the 1 days past your due date! If you can pay it by the 1st day then you are good just let us know it will be coming send us an email at [email protected] and even if were not there you can always leave us a message.
I'm sorry we are having to start getting strict with our rules but we have too many customers who either have not paid or have just decided to use us for a free server. I'm sorry but the bad apples have spoiled it for every one. If your SERVER has been paid or is paid up then this is JUST FYI information for you about our new billing system and I thank you for keeping your account up to date!
ALL SUPPORT and BILLING Questions/Payment arrangements are to go though the Support Ticket System (preferred method) that is built in to the Billing system!
(http://torchwoodhosting.com) We keep a history on the chats and we can go back and verify what was said by you or any employee of our company! Any support that is done via yahoo messenger or other form of communication will not be verifiable and will not be valid as far as torchwoodhosting.com management is concerned. PLEASE use the LIVE SUPPORT system or the Support Ticket System that is built in to the Billing system that is what we bought it for to help make things easier for all of us!
Speaking of Live support if you are in a chat and you do not like what that person is telling you you can ask to be transferred to either the Owner or Co-owner (if we are online), if we are not online then the representative will get your name, phone number, station name and email and they will leave us a message to get in contact with when we can. Just note that it may be 24 to 48 hours or more before we can respond in some cases as we too have personal life's you know.
You are always welcome to use our email [email protected] if you want to contact us too I check the email every day when I come home from work (be sure to include your station name, your name, and what you need in the email).
If your station is buffering I will almost guarantee that it is the DJ on airs machine or the fact that your have too many cams running in/on your lounge/site!
Also not that when using a flash player that if you open another page or do something else on your computer while listening to the flash player it can cause the player (not the server) to skip, pause, or otherwise not sound right. This is not a buffering issue it is a computer/flash issue in most cases flash is a very low process on a pc's list and if it needs a time slice in order to complete a task it will take it from flash and when it's done it will give that time slice back to the flash player. Again it is not buffering it is just a fact of life and there is nothing torchwoodhosting.com can do to prevent it as its a flash issue not a server issue
Make sure your encoder is set to Medium Quality or Fast Re-sampling not Hi-Quality as this causes the SAM program to use more resources to re-sample the music to a higher rate.
Make sure that your not trying to Download music, Be in several lounges at the same time, and that you have the player off in the lounge your DJing in. Yes I know a lot of you say how do I know I'm buffering if I don't listen to the music in the lounge, thatâ??s an easy answer look at your encoder box if it says "unable to send data fast enough....." then its buffering and that also tells you that your loading your machine down with too much running, close a few things if that does not help them lower your stream rate just cause you have a 96kbs server does not mean you have to stream at 96kbs try 64kbs or lower.
Most people are on cable and most pay for basic internet which has an up stream of 128kbs, lets say your streaming at 96kbs then that 128-96=32kbs left, if you have a file sharing program running and people are downloading from you then that lets say approx 16kbs more being used (128-96-32=16kbs) so now were down to 16kbs left now lets say is 5kbs no now its down to 11kbs, talking on yahoo and sending pics or music is another 5kbs now were down to 6 kbs left, you have photo bucket open and are working there theres another 2 kbs so were down to 4 kbs, yahoo mail or outlook express checking mail theirs another 2kbs leaving you 2 kbs, and finally then your surfing the web, rating peoples pages and pics, thatâ??s another 3 kbs so now your -1kbs and poof there goes the SAM program saying "unable to send data fast enough...." and your buffering.....
Now those numbers are not set in stone they are just an approximation of normal usage but I think you get the Idea though, every thing you do on the web always uses some of you upstream and when it gets close to your max something has to give and normally its sams so keep that in mind next time you hear a DJ say its buffering and tell them to close some of the things there doing or lower there rate some 100% of time that will solve the issue.
If you do experience buffering issues and the above is not the issue we recommend logging into your server control panel and stopping the auto then the server its self give it about 30 seconds to 1 min then start your server and the auto dj. This can solve many issues as well as clear out log files that are used inside of your servers. We recommend doing this either every month or every 2 months!
Some people have issues not being fast enough to kick and start there encoder, in this case I can only suggest that your work with the DJ and try to get them to speed up theres nothing we can do to help you with this issue!
We suggest that if you are using a SonicPanel server that you use the DJ manager to avoid this issue as you only need to start your encoder to take air and do not need the kick page at all! (NOTE: if another DJ has the air and you start your encoder you will get an error message, the other DJ must drop air let it go back to auto dj then you can take the air!
ISSUES and DRAMA from outside of torchwoodhosting.com
Personal ISSUES and DRAMA from outside of torchwoodhosting.com will not be allowed from either our customers or our staff, we are here as a business and as such we do want to hear drama from any social site! I will not deal with someone because of issues on some site. I have instructed all of our staff to be professional at all times and we expect our customers to do the same, if you disagree with something that torchwoodhosting.com does then you are welcome to talk with the CO-Owner or the Owner but we will have the final say.
What I am saying here is plain just keep the drama on the drama sites were here to sell servers and not get in the middle of disputes between lounge owners, people on sites or what not, we sell servers and thats all we do... Lets just check all drama at the door please!
If WE receive proof that you or someone on your behalf Harassed and employee of torchwoodhosting.com, spread false information about torchwoodhosting.com or other wise defamed our company and you have a server with us then your server will be terminated and no refunds of any remaining time will be issued.
Furthermore I demand you be respectful to our staff just as I demand my staff be respectful to you, if you Threaten or intimidate any Staff member because of an issue or drama from any site your Server at torchwoodhosting.com will be suspended (without notice) and upon review by the Owner, Co-owner with input from the staff member involved your server could be terminated and NO REFUNDS will be issued on the sever!
Loss of revenue for server Issues: By getting a server from torchwoodhosting.com you do hereby agree that you will hold blamless torchwoodhosting.com, management and staff blameless for any losses of revenue or listeners because of Server issues, Acts of god, Internet Outages, or ACTS OF HACKERS, or issues caused by you or your DJ's actions. torchwoodhosting.com at our option may make changes to the amount you owe, if we decide to credit your account it will be in the form of a credit on your next bill or adding for free option that you would have had to pay for, there will be no cash refunds issued again this will be at our discression.
torchwoodhosting.com is NOT responsible for lounge coding of any lounge, we will put the code in for the player but that is all we will do if one of our staff decides to help you with your lounge coding then that will be between you and them on a personal level! We will not provide any lounge or site coding support other then the player code that's what the sites have coders for I would suggest you contact them to have you lounge designed as we DO NOT have the time to code peoples lounges for them!
Torchwoodhosting.com is NOT responsible for ANY WEB SITE CODING, we will put the code in for the player but that is all we will do if one of our staff decides to help you with your WEBSITE coding then that will be between you and them on a personal level! We will not provide any lounge or site coding support other then the player code thats what website coders are for I would suggest you contact them to have your website designed as we DO NOT have the time to code peoples websites for them!
If torchwoodhosting.com does decide to do your website for you there will be a charge of $50 per hour with the first charge being a minimum of 1 hours (no matter if it take only 10 mins) billed then $50 per hour for each additional hour or any portion there of!
Failure to pay for web site coding can and will result in suspension of your web site and or radio server and any money paid on your web site and or radio server will be NON-REFUNDABLE. You agreed to the price and agreed to pay said price therefore by not paying your website design costs you do hereby agree that torchwoodhosting.com can suspend your web site and if suspended you agree to pay a late fee of $10.00 in addition to your web site design costs. You also agree that you if you do not pay your web site design fee that any other services you may have with torchwoodhosting.com are subject at our option subject to suspension with NO REFUND!
Web Site design costs us time and money and failure to pay for it puts any other services you may have with torchwoodhosting.com at risk for Suspension and Possibly Termination!
NEVER GIVE OUT YOUR SONICPANEL PANEL INFO:
DO NOT give your SONICPANEL or web site control Panel info to anyone who you do not trust! People can change your passwords and other account info and cause a big headache for you and us!
Every server we build we give you a DJ info text file or we give you the on live support for them that is what your DJ's need to take air, Kick the auto DJ etc they do not need anything else. Your File will also be email to you from our Billing system and you can always login to billing and view every email we have sent you!
SUPPORT USING TEAMVIEWER:
If you or a Dj has an issue that we think could be the machines fault, we may ask to TeamView (You can download teamviwer free at http://teamviewer.com) into that machine so we can see the issue and fix it quickly for you. However if you or the DJ does not trust us enough to allow us to TeamView in to the machine then we WILL NOT be able to provide you with enhanced support, at that point all we can is suggest you try some things and walk away because we are NOT able to see the issues or even try to trouble shoot it live. There will be nothing more we can do to help you with the issue!
I wish to thank each and every one of you being a customer of torchwoodhosting.com and I again apologize for having to get stricter on the rules but I have no choice were here to provide Quality servers to you and when people abuse us we have to start cracking down on things, we cant pay our bills for the servers if we don't get paid you know.......
Acts of Hackers and Credit issuing
We have had attempts by hackers to break into our server/DDOS Attack and while we and the data center are taking every measure we have to prevent them (including contacting the hackers ISP, and filing Legal actions against the hackers and there ISP's (if the ISP does not do anything to stop it).
When the Hackers Attack our server(s) they can cause the server(s) to run slower (because automatic counter measures go into effect to block and stop them), they can also cause audio streams to buffer be it Auto DJ or live DJ, Live DJ's to get error messages and/or disconnected, and during the attack they can cause you to loose access to your website (if hosted on our server(s) and/or your WHMSonic panels.
Like I said we are doing everything we can put a stop to these attacks but we have no control over the actions of hackers we are taking every measure we have at our disposal to prevent and stop said attacks and will be taking legal action against ALL hackers who are causing these issues for you our customers.
We have counter measures in place (which we can not disclose here for security reasons) to help protect against hackers. You can be rest assured that we are taking every measure we can against hackers then the issues they can cause for us and our customers!
ANDROID APPS TOS
By purchasing an android app you do hereby agree that all android apps are sold with no refunds because we took the time to make the app for you then we should get paid for doing it.
When you purchase an android app we will give you up to 2 changes/updates within 48 hours of the app being released at no charge after 48 hours the only exception is if you purchase the Continuous Service Option (Furthermore to be called CSO) which will allow you to have unlimited updates and changes to your app for as long as you are paying torchwoodhosting.com for the CSO. if you fail to pay your CSO monthly change or cancel it and you need a change made to your app you do hereby agree that you will have to pay the price to purchase a whole new app at the current prices posted by torchwoodhosting.com
You hereby agree that torchwoodhosting.com shall be held blameless for any changes that are made to the android operation systems by google or your devices manufacture that causes any app made by us to stop functioning or otherwise become unusable. torchwoodhosting.com will do everything possible at the time of your apps creation to make sure it works as advertised and we will test it on as many devices as we can (including a virtual android OS) however we can not test it on every device.
For our apps to work your device MUST have access to the internet (be it cellular or wifi) and you are hereby notified that since this app requires net access that you and your users of your app may occur charges from your cellular carrier for charges pertaining to internet access.
Payments made over the phone via credit/debit card
All payments made over the phone are processed through square or Paypal Here for payment
Because our products are Virtual items (ie radio/audio servers, web servers, and android apps) all sales are final and no refunds will be issued unless an error in billing occurred that was our fault then we will if applicable issue a refund. There will however be absolutely NO REFUNDS on android apps because once we give you the app we cant take it back!
When accepting payments via square: We do not keep any logs of your credit card number nor do store your number anywhere on our site. Square is the only party who may store your number for record keeping and as such they are responsible for the safe keeping of your credit card number and all other information required to make the transaction. Also note that while we are are not passing the costs of taking credit cards we do require a minimum charge of $10 to use this method.
When accepting payments via paypal here: We do not keep any logs of your credit card number nor do store your number anywhere on our site. Paypal is the only party who may store your number for record keeping and as such they are responsible for the safe keeping of your credit card number and all other information required to make the transaction. Also note that while we are are not passing the costs of taking credit cards we do require a minimum charge of $10 to use this method.
When paying an invoice from our billing system your invoice may be marked as paid at the time of the transaction however if the transaction is later declined or denied by you or your bank we reserve the right to reverse the billing action and charge you any fees that we are charged by square or paypal here for the reversal we also reserve the right to suspend any product that you ordered from us until this issue is resolved.
NEW 5/28/15- RESELLERS
RE-SELLER accounts are just that a re-seller account I want to stress that being a re-seller does not make you a part of torchwoodhosting.com you are your own company and as such you operate as your company. torchwoodhosting.com is only your RE-SELLER provider / Radio server Host. I ask that anyone who is re-selling to REFRAIN from representing them self as torchwoodhosting.com
RE-SELLERS are NOT TO claim that they work for, represent or other wise are a part of torchwoodhosting.com doing so can result in termination of your services with torchwoodhosting.com.
The Only execption to this rule is the owner of Misfithosting.com which is allowed to do this because of a legal bussiness agreement we have worked out though he is still considered his own company he and ONLY HIM is allowed to repersent him self as being part of torchwoodhosting.com.
Outages due to Force Majeure, including fire, earthquakes, riots, explosion, Sharknado, Zombie Attacks, declared or undeclared Wars, terrorist acts, insurrection, extra-terrestrial invasion, injunction or other event(s) outside the control of Torchwoodhosting.com that you shell hold Torchwoodhosting blamless for any loss of service or use of you radio server or web site and that we will not be responsible for any monitary damages from any of these events or any other unforseen issue that is beyond our control!