Terms of Service : Tomachi Corporation

We make our money not from website hosting but from providing on-demand IT services that arises from it.

Forever Free Website Hosting Terms of Service

Even if you cancel your retainer or project with us, so long as you have paid a total of over $400 in the lifetime of our relationship, you can keep your forever free website hosting, guaranteed, so as the following boolean conditions remain true:

The content of your website is legal and permitted
1. Basically no kid porn etc, it's all very normal sensible logical stuff. Full terms below are the same as my ISP.
No unforeseen freak accidents have occurred that have, expectedly inextricably lead to Tomachi Corps US based Dreamhost account somehow being terminated or seriously impacted have occurred, including but not limited to:
1. Failure by Tomachi Corporation to pay the hosting bill leading to termination/suspension
2. Injury or death of Director Tom Atkinson leading to access issues with the account (Sure hope not!!!!)
  1. No worries though bro: your control panel access will be sufficient for your use even if I get vaporised by aliens
  2. You could in theory easily call Dreamhost and ask them to "break off" your site into an account paid by yourself, I promise not to interfere with any transfer assuming all debts are paid
3. Some kind of big explosion over at Dreamhost destroying the website data and backups!
  1. I keep some pretty good backups too, but we take all care but no responsibility
  2. It's amazingly reliable but we still gonna say we can but sure it won't suddenly vanish, hope that's OK
Tomachi Corporation has received at least the nominal amount below to qualify during the life of the client
1. Nominal qualifying amount: $400 NZD or equivalent agreed remuneration
2. Paid into our Kiwibank a/c 38-9015-0652360-00
3. Please include your website domain in the particulars of each payment
4. Any agreed projects or invoices have been paid in full via bank transfer with domain in particulars
5. Life of the client means from the moment of first engagement, until the termination
6. Termination would mean:
  1. The de-registration from the NZ companies register of either business party
  2. If you are a sole-trader, then the cessation (through death) or registration on companies register of your business activity

Features and Access

All plans include forever free US-based WordPress site hosting on my Dreamhost shared hosting account. These are unlimited-everything accounts, with unlimited disk, users, emails, databases, subdomains etc, Unix Shell access (FTP/SFTP/SSH/Socks 5 style VPN), WordPress admin account access, and Dreamhost control panel access so you can manage your staff emails quickly and tweak your database with phpMyAdmin if you so desire. They even integrate with Let’s Encrypt to enable free https hosting, so you can have the green lock icon in the URL bar meaning it’s secure, and a funky way to login by pointing your phone at a wavey animation like we do ourself on the login screen at Tomachi Corp.

Our terms of service basically say no illegal content

Official Sounding Legal Speak Ahoy'

Whereas, Tomachi Corporation Limited is an information provider connected to the Internet Tomachi Corporation Limited offers storage and transfer services over the Internet through access to its Web Server;

Whereas, Customer seeks to utilise Tomachi Corporation Limited's server for its own purposes;

Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Tomachi Corporation Limited can make no guarantee that any given reader shall be able to access Tomachi Corporation Limited's server at any given time.

Tomachi Corporation Limited represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;

Financial Arrangements

Customer engagement worth satisfies any or both of the following conditions:
1. a) a project, job, training session, period on retainer, or any other engagement, including a terminated project, job, training session, period on retainer, or any other engagement, which, during the lifetime of the engagement, meaning from the date of website installation to the present day, would be worth when averaged over a ten year period not less than $400 NZD inflation adjusted from 2014 using http://www.rbnz.govt.nz/monetary-policy/inflation-calculator (for example in 2016 its $402.68 with our current 0.3% inflation)
  in the; OR
2. b) be on a current retainer a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
Customer agrees that all charges and fees associated with an account are their sole responsibility.
If the customer wishes to cancel DreamHost shared Web Hosting services within ninety-seven (97) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
Services provided by 3rd parties and DreamHost partners are not part of the 97-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. After the first 97 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
"97-Day Money-Back Guarantee" offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable. See domain registration agreement for more information.
Violations of DreamHost's Terms of Service, Acceptable Use Policy, or Spam Policy may, at DreamHost's discretion, result in immediate and permanent disablement without refund.
Disputed charges ("chargebacks") associated with any DreamHost account may, at DreamHost's discretion, result in immediate and permanent disablement.
DreamHost will use commercially reasonable efforts to make DreamObjects available 99.9% of the time during each monthly billing cycle. If DreamHost is unable to meet this service level, you will be eligible to receive a credit to apply to future DreamObjects billing cycles based upon the Unavailability for that month.
1. For the purposes of this agreement, Unavailability means that either (a) the DreamObjects service is unresponsive, or (b) DreamObjects returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
2. Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
3. Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
4. Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.

Taxes

Tomachi Corporation Limited shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Tomachi Corporation Limited's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material Products

Customer will provide Tomachi Corporation Limited with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Tomachi Corporation Limited. Tomachi Corporation Limited shall make no effort to validate this information for content, correctness or usability.
Use of Tomachi Corporation Limited's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
The following examples are offered:
1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
2. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Tomachi Corporation Limited to provide this knowledge or Customer Support outside of the defined service of Tomachi Corporation Limited.
Tomachi Corporation Limited will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
Tomachi Corporation Limited reserves the right to police its network to verify compliance with all agreed upon Terms.
The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
Tomachi Corporation Limited reserves the right to disconnect any website or server deemed to present a security threat to DreamHost's customers, servers, or network.
The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by DreamHost is grounds for termination of all services.
Tomachi Corporation Limited makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Tomachi Corporation Limited also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Tomachi Corporation Limited is at the Customer's own risk, and Tomachi Corporation Limited specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with DreamHost’s services represents the maximum achievable speed. DreamHost does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). Tomachi Corporation Limited expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
Tomachi Corporation Limited specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Tomachi Corporation Limited may, at its option and at any time, reject this material, including but not limited to after it has been put on Tomachi Corporation Limited's Server. Tomachi Corporation Limited agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Tomachi Corporation Limited. If the Customer fails to modify the material, as directed by Tomachi Corporation Limited, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
All domain names registered through DreamHost or its previous domain registration site, domainitron.com, that are 'parked' or are otherwise not immediately associated with a DreamHost hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Dreamhost.com. The Coming Soon web page may be modified at any time by DreamHost without prior notice to you and may include such things as, without limitation, links to additional products and services offered by DreamHost.

Trademarks & Copyrights

Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer's account.

Hardware, Equipment, & Software

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Tomachi Corporation Limited.
Tomachi Corporation Limited makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Tomachi Corporation Limited service.

Guaranteed Uptime

DreamHost guarantees 100% uptime. A failure to provide 100% uptime will result in Dreamhost compensation to Tomachi Corporation pursuant to guidelines established outside this agreement, however compensation will not be paid to the customer for any outage.
Customer is entitled to compensation consisting of "free hours to fix or move" if the Customer's web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in DreamHost systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
Customer will receive DreamHost credit equal to the Customer's current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer's next pre-paid hosting renewal fee.
DreamHost's assessment of downtime begins when Customer opens a support ticket to report the problem.

Age

The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

Termination

This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Tomachi Corporation Limited will accept termination by electronic mail. Notwithstanding the above, Tomachi Corporation Limited may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Tomachi Corporation Limited reserves the right to charge a reinstatement fee.
All domains are owned by the customer, Tomachi Corporation will never assume control of your domain name due to failure to pay bill.

Limited Liability

Customer expressly agrees that use of Tomachi Corporation Limited's Server is at Customer's sole risk. Neither Tomachi Corporation Limited, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Tomachi Corporation Limited's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Tomachi Corporation Limited Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Tomachi Corporation Limited, its offices, agents or any one else involved in creating, producing or distributing Tomachi Corporation Limited's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Tomachi Corporation Limited Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Tomachi Corporation Limited's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Tomachi Corporation Limited's Server service.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

Promotional Codes

By using a promotional ("promo") code you waive the option to indicate who referred you to DreamHost.
You may not change/submit a promo code or referrer after you've finished signing up.
Promo codes/referrers are for new customers only — if you use one you may not host on your account any domain ever previously hosted with DreamHost.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Tomachi Corporation Limited harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Tomachi Corporation Limited, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Tomachi Corporation Limited against Liabilities arising out of
1. any injury to person or property caused by any products sold or otherwise distributed in connection with Tomachi Corporation Limited's Server;
2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright infringement;
4. any defective product which Customer sold on Tomachi Corporation Limited Server.

Sanctioned Countries

Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from DreamHost under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, DreamHost from and against any fines or penalties that may arise as a result of Customer's breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

Other Agreements

Customer agrees to abide by the terms set forth in this document as well as other DreamHost policy documents including, but not limited to:

Customer also agrees to abide by all applicable Terms set forth by all DreamHost partners and subsidiaries.

Contract Revisions

Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.

Transfer

Customer may not transfer this contract without the written consent of Tomachi Corporation Limited.

Contract

These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.