Contact Us

Tomahawk Voice Incorporated
33211 Joy Road Suite 3A
Westland, Michigan 48185
Toll Free: 1 (800) 682-4167

Terms of Service

Mohawk Servers, a division of Tomahawk Voice Inc. (hereinafter called Mohawk Servers) is a application voice service provider supplying the account holder (hereinafter referred to as "you" and "your") with a server environment on a remote, shared Internet server. This virtual server environment is hereinafter referred to a "your server." Your account and use of your server is subject to your compliance with all of our terms and conditions as specified. That is to say:

1. ACKNOWLEDGEMENT

By placing and continuing to maintain or place information on Mohawk Servers' servers, you are stating and acknowledging that you have read the following terms and conditions and that you understand and agree to abide by them.

2. COMPLETE AGREEMENT

2.1 This agreement represents the complete agreement and understanding between you and Mohawk Servers and supersedes any other written or oral agreement. Upon notice published on its Internet website, Mohawk Servers may modify these terms and conditions, amplify them, modify the charges for services, or discontinue or change the services offered.

2.2 Under the terms of this agreement, any use of your server, including but not limited to the placement of files and/or data on your server, is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions contained herein. If you do not wish to be bound by these terms and conditions, you must not make any use of your server, and you must request that Mohawk Servers cancel your account immediately as specified in Section 15 below.

3. PAYMENT FOR SERVICES

3.1 You agree to pay for the services provided by Mohawk Servers, in advance of the time period during which such services are provided.

3.2 You agree that all payments you make to Mohawk Servers are non-refundable once account setup is completed.

3.3 You agree that unless and until you notify Mohawk Servers of your desire to cancel your account and any or all services provided by Mohawk Servers under that account, those services will be billed on a recurring basis.

3.4 You agree that if you pay Mohawk Servers by check or money order, that you will promptly notify us of the mailing of said payment by means of a support ticket sent though our online billing system.

4. YOUR CONDUCT

4.1 Mohawk Servers's services may only be used according to the law. Any use of these services that violates any local, state, federal, or international laws, which applies or may apply to Mohawk Servers, your local jurisdiction, or any jurisdiction that you or your location may be subject to is strictly prohibited.

4.2 While using your server or any service or services provided by Mohawk Servers, you may not:

A. Restrict or inhibit any other user from using the Internet.

B. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the United States of America export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.

C. Post, publish, transmit, reproduce or distribute any information or software which is or contains spyware, worms, trojan horses, a virus or any other harmful component.

D. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material). Mohawk Servers reserves the right to remove any and all materials that infringe on copyright work. Such materials will be removed immediately upon receiving a complaint and or notice of copyright infringement.

5 USE OF YOUR SERVER

5.1 You may not use your server as a file access (FTP) site or exclusively for file storage. You are responsible for your files and the contents of your server. Your server is provided with a basic setup, and any additional files, maps, modifications, updates or add-ons must be supplied and installed by you. Be careful with all the files stored on your server as you are completely responsible for them once your account is activated.

5.2 Your server has a 2GB (2,000,000,000 byte) user file storage limit. Mohawk Servers reserves the right to delete information from your server if the total size of all of your files (not including the size of the files from the server) exceeds 2GB. This limit includes any log files.

5.3 Your server's size limit cannot be increased without prior notification and payment to Mohawk Servers. If the size of your server is increased without such prior notification your account will be canceled and no refund will be given.

5.4 If you are renting a private server, then you must keep that server's password protected at all times. You must not allow the password for your private server to become public knowledge at any time, in any way. If you open your private server to public access at any time your account will be canceled and no refund will be given.

6. INDEMNIFICATION

6.1 You agree to indemnify, defend, and hold Mohawk Servers harmless from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting directly or indirectly from the use of your server or any service or services provided by Mohawk Servers which damages either you, Mohawk Servers, or any other party or parties without limitation or exception.

6.2 This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and web site content.

7. REFUSAL OR DISCONTINUANCE OF SERVICE

7.1 Mohawk Servers reserves the right to refuse or discontinue service to anyone at Mohawk Servers's sole discretion.

7.2 Mohawk Servers may deny you access to all or part of Mohawk Servers's service without notice if you engage in any conduct or activities that Mohawk Servers, in its sole discretion, believes violates any of the terms and conditions contained in this agreement.

7.3 Mohawk Servers shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.

7.4 You agree that Mohawk Servers has the right to monitor your service electronically from time to time without notifying you, and to disclose any information as necessary to satisfy the law, orders of the court, or to protect itself or its subscribers.

7.5 Mohawk Servers reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

8. NO WARRANTIES

8.1 Mohawk Servers makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Mohawk Servers or its representatives, agents or employees shall create a warranty of any kind.

8.2 Mohawk Servers provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Mohawk Servers be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your web space, voice, or server, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

8.3 If you are dissatisfied with Mohawk Servers's service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to cancel your account as specified in Section 15.

8.4 You understand and acknowledge that by placing information on your server such information becomes or may become available to all Internet users and that Mohawk Servers has no way of limiting or restricting access to such information or protecting such information from copyright infringement.

8.5 You assume total responsibility and risk for all use of your server and all services provided to you by Mohawk Servers.

8.6 You agree that it is your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Mohawk Servers specifically or on the Internet in general.

9. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE

9.1 Mohawk Servers reserves the right to monitor any and all communications through or with our facilities, at any time and without prior notification to you.

9.2 You agree that Mohawk Servers is not considered a "secure communications medium" for the purposes of the Electronic Communications Privacy Act and that no expectation of privacy is afforded.

10. IDENTIFICATION INFORMATION

10.1 You attest that you are either

A) At least 18 years of age and that you, personally, are legally responsible for the use and all charges associated with your account with Mohawk Servers.

B) That you are under 18 years of age but have the specific permission of your parent(s) or guardian(s) to open and/or use your account with Mohawk Servers and that your parent(s) or guardian(s) have specifically agreed to be legally responsible for the use and charges associated with your use of said account.

10.2 You agree to supply Mohawk Servers with a current and truthful name, mailing address, telephone number and electronic mail address, and that you agree to keep this information up-to-date so long as your account with Mohawk Servers is active.

10.3 You attest that you are an authorized user of any credit card or PayPal account that you supply to Mohawk Servers and that you understand and acknowledge that Mohawk Servers will fully investigate any possible fraudulent credit card use. In particular, if the credit card or PayPal account you supply to Mohawk Servers is not your personal account, then you have the explicit permission of the credit card or PayPal account holder to supply that card or account to Mohawk Servers.

11. NO INTERFERENCE WITH OPERATION OF SYSTEM

11.1 You agree not to maliciously or intentionally interfere with the proper operation of any part or portion of Mohawk Servers's system or network, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other clients.

11.2 You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

11.3 You agree to adhere to system policies as published online by Mohawk Servers, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Mohawk Servers. You agree to abide by any and all future Mohawk Servers policy decisions.

12. SECURITY

12.1 You agree that the security and confidentiality of your account with Mohawk Servers is solely and strictly your responsibility.

12.2 You agree not to provide or share access to your account to or with any third party and furthermore that you remain responsible for such third party access should it occur at any time.

12.3 You agree that certain features of your account (e.g., FrontPage webs) which may be used to provide shared access to your account will never be used to resell services to third parties, and that you are responsible for the actions of any party utilizing said features.

12.4 You agree that if any security violations are believed to have occurred in association with your account, Mohawk Servers has the right to suspend access to your account pending investigation and resolution. You also agree that Mohawk Servers has the right to cooperate with any government or legal investigation regarding any aspect of our services, including services provided to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.

13. DATA SECURITY AND BACKUP

13.1 You agree that you are using the service or services provided by Mohawk Servers at your own risk.

13.2 You agree that Mohawk Servers is not responsible for any files and/or data residing on your server. You agree to take exclusive and complete responsibility for files and data transferred to and from your server and for the creation and maintenance of any backup(s) of digital information stored on your server.

14. TRANSMITTAL OF MATERIALS

14.1 You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media.

14.2 The use of Mohawk Servers or any other service with reference to services obtained through Mohawk Servers, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming," is strictly prohibited and may cause your services to be terminated immediately and without warning. Furthermore, you will be held fully responsible for any damages to you, Mohawk Servers, or any other party or parties resulting from any such conduct.

15. CANCELING YOUR ACCOUNT

15.1 All accounts must be canceled at least six days before the next payment is due. Charges for services provided after that time will remain on your account.

15.2 You may only cancel your account by means of a support ticket sent through our online billing system. No telephone or electronic mail cancellation requests will be accepted.

15.3 Accounts created which have recurring payments made from a PayPal account must be canceled though PayPal in addition to being canceled by Mohawk Servers. Your account will be considered active and all payments made to Mohawk Servers from a PayPal account will not be refunded while the recurring payments remain active in PayPal.

16. PRIOR AGREEMENTS

This agreement supersedes any written, electronic, or oral communication you may have had with Mohawk Servers or any employee, agent or representative thereof, and constitutes the complete and total agreement between you and Mohawk Servers.

17. SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

Version of 2008.03.17

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