of Service - Frequently Asked Questions
there a 100% money-back guarantee?
Try our service absolutely risk-free! If you wish to cancel
your account for any reason within the first 30 days, you will
receive a full refund for all hosting services. This is a no-questions
asked, full refund, 100% money back guarantee. You have nothing
to lose! This offer applies to the initial contracted term
and does not include domain name registration.
Trailhead permit "adult" hosting?
No. Pornography and sex-related merchandising is prohibited on
all our servers. This includes sites that may infer sexual
content, or links to adult content elsewhere. We will be the
sole arbiter in determining violations of this provision.
May I promote my site
with bulk email?
Sending bulk volumes of unsolicited email,
is in violation of our the Trailhead Terms of Service and will
result in termination of your account. There are legal and
ethical issues involved in mass mailing of unsolicited email.
Payment For Services
Effective January 1, 2009 we will be billing all our hosting accounts in advance. Payment for 3 months (1 quarter) will be requested at that time. Payment for quarterly invoices will only be accepted via automatically recurring credit card payments. Customers who wish to pay by check will have the option to pay up to a year in advance at the the first invoicing of the year.
This differs from our past system in where we bill for services used. This change is necessitated by the unscrupulous nature of a few who used our services and then did not pay for them.
Billing Statements Online
Clients can see their current invoice and all past invoices by logging into their control panel and clicking on "Billing Statements"
Contact and Billing Information Online
Clients are responsible for keeping their contact and billing information current through their control panel. Click on "Contact Information" or "Billing Information" to update.
Clients wishing to cancel their hosting account must notify Trailhead Web Design and Web Hosting in writing or via email that they wish to cancel service with us. Payemnt will be refunded for full months of hosting not used.
Account Suspension (3 Days)
Payment in full is requested at the time of receipt of the quarterly invoice. The quarterly invoice will include charges for web hosting, domain name purchase or renewal and web design services. Accounts that are 3 days past due will be suspended. Suspension will result in the suspension of email and a suspension notice placed on the web site. Any email sent to the recipient after the account has been suspended will be lost. There will be a $25 reactivation fee for all accounts that have been suspended.
Account Deletetion (7 Days)
Accounts that are 7 days past due will be deleted. Deletion of an account will result in all web site files, stats files, email addresses and email stored on the server being deleted. Any email sent to the recipient after the account has been deleted will be returned to the sender. Deleted accounts will not be reactivated.
Payment can be made in the form of check made out to “Trailhead Web Design” or through credit card (Visa or MasterCard only). Credit card information and updates can be submitted through a secure page on our web site at https://trailheadweb.com/support/payabill.html or through your control panel. Returned checks or charge backs will be assessed an additional $25 fee and may result in permanent loss of account.
Terms of Service Overview
Trailhead Web Design reserves the right
to suspend, without notice, any account
which violates our Terms of Service Agreement.
Violations may include, but are not limited
to posting or storage of obscene, offensive
or illegal material on the web site or
the sending of bulk unsolicited email
Complete Terms of Service
Trailhead Web Design currently contracts
with Cartkika Hosting. to manage their web servers. When
you sign up for hosting with Trailhead you are also agreeing
to the Terms of Service of Cartkika Hosting.
Web Hosting and Domain Name Service
This Web Hosting and Domain Name Service
Agreement ("Agreement") is made between Trailhead
Web Design, having an address of PO Box 417, Laporte, Colorado
hereinafter referred to as "Trailhead Web Design" and
any and all persons, organizations, and entities having
submitted billing information or otherwise on the Trailhead
Web Design order form hereinafter referred to as "Customer".
Submission of the order form as stated above or use of
the Trailhead Web Design network indicates that you have
read this Agreement and agree to be bound by this Agreement,
the fee schedule and updates to this Agreement as posted
on Trailhead Web Design's web site from time to time.
The parties hereto agree and bind themselves
1. SERVICES: Trailhead Web Design shall sell,
and Customer shall purchase Web Hosting Services and/or
Domain Name Registration services, along with email support
services, for the purpose of hosting a domain or web site
on the Internet. Trailhead Web Design shall provide the
a. Trailhead Web Design shall provide a
copy of the Web Hosting Software for use by Customer on
the server. The provision of such software does not constitute
any transfer of ownership of the software to Customer.
Customer acknowledges that Trailhead Web Design may from
time to time, as it deems necessary, upgrade, replace,
remove or substitute software at its sole discretion.
b. Trailhead Web Design shall provide disk
space on the server containing the Web Hosting Software
and connection through one or more links and nodes to the
Internet ("Trailhead Web Design network".) Trailhead
Web Design shall have total discretion as to the physical
location of the server as well as the software running
on the server.
c. Trailhead Web Design shall provide technical
support to Customer via electronic mail as necessary and
will exercise reasonable care to ensure the proper operation
and accessibility of the server over the Internet.
2. CUSTOMER: Customer agrees to comply with
all applicable laws of the state of Maryland, the United
States of America, all international laws and treaties,
and the laws of the jurisdiction in which the Customer
is located with regard to the transmission and use of information
and content over the Internet or otherwise involving the
Trailhead Web Design network.
a. Customer further agrees not to use the
Internet service for illegal purposes, to interfere with
or disrupt other network users, network services or network
equipment. Customer shall be liable for and shall indemnify
and defend Trailhead Web Design from and against any claims
in anyway arising from or related to (i) the alleged infringement
of patent, trademark, design, copyright or any other intellectual
property rights in relation to the Customer's use of the
services and (ii) Customer or inclusion of any information,
photographs, art work or other content (including without
limitation claims based on invasion of privacy, right of
publicity, the Communications Decency Act of 1996, obscenity
or pornography, and the violation of any statutes or ordinances
or other laws).
b. Customer understands that Internet use,
and related products and services provided under this Agreement,
may require registration and related services that are
public in nature.
3. RESPONSIBILITY OF CUSTOMER REGARDING END-USER:
Customer agrees to certain responsibilities regarding End-users
of Web Hosting Service.
a. "End-user" shall mean an individual
who (1) provides at least his or her first and last name
and email address to Customer for the purpose of accessing
the Trailhead Web Design Network or (2) has access via
the Customer to any portion of the Trailhead Web Design
b. Customer shall cause each End-user to
be legally bound by Domain Name Dispute Policy, a copy
of which is available at http://www.trailheadweb.com/hosting/domainagree.html.
Customer shall not amend the Dispute Policy in any way
that is unfavorable to Trailhead Web Design.
c. Customer agrees to perform due diligence
in preventing fraudulent transactions made by End-users
on Trailhead Web Design.
d. Customer is responsible for all End-user
customer support, billing, and collections. Trailhead Web
Design's relationship under this agreement is solely with
e. Customer shall prevent end-user from
using Trailhead Web Design's company name, logo, trademarks
or service marks, without the prior written consent of
Trailhead Web Design.
f. Customer shall ensure that end-user complies
with section 4 of this agreement.
4. WEB SITE CONTENT: All services provided
may be used for lawful purposes only. Transmission, storage,
or presentation of any information, data or material in
violation of any United States Federal, State or City law
is prohibited. This includes, but is not limited to: copyrighted
material, material Trailhead Web Design judges to be threatening
or obscene, or material protected by laws governing trade
secrets or any other statutes. Trailhead Web Design will
be the sole arbiter of violations to this provision. Customer
agrees to accept Trailhead Web Design's determination of
content as final and authoritative. Customers in violations
of these provisions may be immediately deactivated and
shall not receive a refund. The following restrictions
apply to all sites hosted by Trailhead Web Design:
a. Pornography and sex-related merchandising
is prohibited on all Trailhead Web Design servers. This
includes sites that may infer sexual content, or links
to adult content elsewhere.
b. Sites that promote any illegal activity,
pirated software, Hacker programs or archives, Warez sites,
or present content that may be damaging to our servers
or any other server on the Internet are prohibited, as
are any links to any such site or materials.
c. Spamming, or the sending of unsolicited
e-mail, from Trailhead Web Design servers or using an e-mail
address or domain that is maintained on our machine as
reference is STRICTLY prohibited. Trailhead Web Design
will be the sole arbiter as to what constitutes a violation
of this provision.
d. Using Spam as an advertising method for
sites hosted on Trailhead Web Design is strictly prohibited.
e. Trailhead Web Design may allow programs
to run continually in the background. These are considered
on a case-by-case basis and an extra charge will be incurred
based on system resources used and operational maintenance
needed. Customer must contact Trailhead Web Design via
firstname.lastname@example.org prior to running any background programs.
f. IRC and IRC bots are prohibited.
g. Gaming, betting, gambling and casino
sites are prohibited.
5. PRICING: Customer shall pay Trailhead
Web Design for the initial term and any renewal thereof
at Trailhead Web Design's prevailing rates at the time
the term or renewal begins.
6. PAYMENT: Payment shall be made to Trailhead
Web Design in US dollars by check, money order or credit
card. Checks should be made payable to "Trailhead
Web Design". Payments shall be sent to Trailhead
Web Design at PO Box 417, Laporte, Colorado 80535
a. Customer agrees to contact Trailhead
Web Design by emailing email@example.com prior to initiating
a chargeback. Chargebacks received for an account may result
in suspension of service until account has been reviewed
and approved by Trailhead Web Design.
b. Payments made with credit cards that
do not have the card owner's permission will not be accepted.
Customer's account shall be immediately disabled and may
be deleted at Trailhead Web Design's discretion. Trailhead
Web Design shall be the sole and final arbiter of whether
proper authorization was given for the transaction.
7. PAST DUE POLICY: Trailhead Web Design
must receive Customer's payment by the due date indicated
on the Customer's invoice or the Customer and End-user
will be denied access to the Trailhead Web Design network.
If Customer fails to make payment within 10 days of invoice
date, Customer shall be permanently removed from the Trailhead
Web Design network without notice.
8. MONEY-BACK GUARANTEE: If Customer terminates
account according to this Agreement within 30 days of beginning
of the initial term, a full refund will be given for all
hosting services. Refunds will only be given for the initial
term of this agreement. Domain name registration fees will
not be refunded for any reason. Refunds will not be given
if Customer or End-user is in violation of this Agreement
or is terminated because Trailhead Web Design deemed them
a threat to the network.
9. EFFECTIVE DATE AND TERM: The Effective
Date of this Agreement shall be the date the Customer acknowledged
this Agreement. The term of this agreement shall be that
term specified by the customer at the time
the order is placed. The term shall be automatically renewed,
providing that neither party has provided the other party
with a written notice not to renew for the forthcoming
term. Customer must cancel service using the Cancel Domain
Form in their control panel. Notice not to renew by either
party must be given at least seven (7) days prior to the
expiration of the term.
10. TERMINATION: In addition to the other
provisions of this Agreement, Trailhead Web Design reserves
the right to suspend and/or terminate customer without
notice at any time. Upon the expiration or termination
of this Agreement for any reason, Customer shall:
a. Immediately inhibit all access to Trailhead
Web Design through the Customer's Service and
b. Discontinue all uses of Trailhead Web
Design trade names or Marks.
11. TRADEMARKS AND SERVICE MARKS: Customer
shall not make any use of Trailhead Web Design's company
name, logo, trademarks or service marks, without the prior
written consent of the Trailhead Web Design. When such
permission is granted by Trailhead Web Design, Customer
shall only use such company name, logo, trademarks, and
service marks in the manner and for the period agreed to
by Trailhead Web Design.
12. DOMAIN NAME DISPUTE POLICY: All domain
names registered, modified, or renewed through Trailhead
Web Design by Customer or End-user are subject to the Uniform
Domain Name Dispute Resolution Policy ("Dispute Policy")
a copy of which is available at http://www.trailheadweb.com/hosting/domainagree.html.
Dispute Policy may be revised by Trailhead Web Design from.
Any such revisions shall be posted on the Trailhead Web
Design web site and shall be effective as of the day of
such posting. The Dispute Policy shall remain effective
beyond the term of this Agreement and shall include the
entire term for which the Customer's domain name is registered.
13. TAXES: Customer shall be responsible
for and pay all taxes based upon the use of Trailhead Web
Design, or the program storage media, or upon payments
due under this Agreement including, but not limited to,
sales, use, or value-added taxes, duties, withholding taxes
and other assessments now or hereafter imposed on or in
connection with this Agreement or with any sublicense granted
hereunder, exclusive of taxes based upon Trailhead Web
Design's net income.
14. ENTIRE AGREEMENT: The parties hereto
acknowledge that they have read this entire agreement and
that this agreement and the attachments mentioned herein
constitute the entire understanding and contract between
the parties and supersedes any and all prior or contemporaneous
oral or written communications.
15. CHANGE IN CONTROL. If there is a direct
or indirect change in the effective voting control of Customer,
or if Customer merges into or is acquired by a third party,
or if Customer sells or transfers the Customer's Service
or all or substantially all of the assets of the business
unit containing the Customer's Service to a third party
(a "Change in Control"), then Customer shall
give prompt written notice thereof to Trailhead Web Design,
and Trailhead Web Design at its option may, within 30 days
after receipt of such notice, or immediately if no timely
notice is given, terminate this Agreement by delivering
written notice via email to Customer. Customer may request
pre-approval from Trailhead Web Design for any such change
16. ASSIGNMENT: Trailhead Web Design reserves
the right to assign this Agreement, or any part thereof,
at any time.
17. SEVERABILITY: If any provision of this
agreement, or the application of such provision to any
person or circumstance, shall be held invalid, the remainder
of this agreement, or the application of such provision
to persons or circumstances other than those to which it
is held invalid, shall not be affected thereby.
18. FORCE MAJEURE: No party shall be liable
by reason of any failure to delay in the performance of
its obligations due to strikes, riots, fires or explosions,
acts of God, war, governmental action or any other cause
that is beyond the reasonable control of such parties.
Trailhead Web Design shall not be responsible or liable
for direct or consequential damages caused by acts of God,
acts of government, insurrection, riot, civil disturbance,
outages suffered by electric utilities, or outages suffered
by intermediary networks over whose facilities Customer'
Web traffic is carried to and from the Web Server provided
by Trailhead Web Design.
19. LIMITATION OF LIABILITY: Trailhead Web
Design makes no warranty of any kind with respect to services
and products provided under this Agreement. Customer agrees
to comply with all applicable governmental laws in the
use of the Web Server and ancillary services provided by
Trailhead Web Design, and, in the event of any noncompliance,
agrees to hold harmless Trailhead Web Design and its personnel
and contractors from the consequences of such noncompliance.
If any action in law or equity is instituted by either
party hereto with respect to the subject matter of this
agreement, Trailhead Web Design shall be entitled to recover,
in addition to any other relief granted, reasonable attorney's
fees, legal costs, and expenses reasonably incurred. Trailhead
Web Design's liability for damages to Customer for any
cause whatsoever, regardless of form of action, including
negligence, shall not exceed an amount equal to the price
of products and services purchased by Customer during the
one month period preceding the event which caused the damages
20. JURSIDICTION: This Agreement shall be
governed by the laws of the State of Colorado, USA, and
in the event any litigation must be initiated to enforce
the terms of this Agreement, said legal action must be
brought in the courts of the State of Colorado.
IN WITNESS THEREOF by submitting billing
information, Customer hereby acknowledges consents to and
enters into this Agreement with Trailhead Web Design