Madacaste, Inc. d/b/a TNC Creations (henceforth "TNC") makes available to web hosting clients (henceforth "Clients") its Web presence services (henceforth "This Service"). TNC does not necessarily endorse any of the items published through its servers.

TNC reserves the right to refuse to serve the web presence materials of any existing user making inappropriate or unreasonable use of this service, or an applicant whose planned web presence activities are deemed to have the potential of creating negative impact on TNC's abilities to serve its customers. The appropriateness and reasonableness of use and the potential of creating negative impact are to be determined solely by TNC. The term "web presence materials" is defined as data of any form that can be delivered by TNC Internet software and hardware resources.

Clients notified of suspension, inappropriate or unreasonable usage that fail to request an investigation or correct the situation within 7 days will lose their web service. This service is not actively monitored for content, however, so please send report of inappropriate use to abuse@tnccreations.com. TNC reserves the right to perform random audits of all sites.

When you request any of our services, TNC regards the request as an offer to contract our services, according to our policies. The issuance by TNC of a valid user identification and password, or the act on our part of making a client’s web content available via the Internet shall constitute acceptance of your offer.

TNC has the right to suspend, delete, cancel or remove services at our discretion without warning for any reason whatsoever at any time.

Unsolicited Email
Spamming, or the sending of mass unsolicited email, from or through a TNC server or using an email address that is maintained on a TNC machine is strictly prohibited. TNC will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channel activities through a TNC server as a maildrop for responses, you are in violation. Violators may face an immediate suspension.

Account Usage and Performance Policies
Once you have opened a web hosting account at TNC, as long as the above service policies are followed, the client is free to structure and name their web pages in any way they wish. Updates may be performed at any time.

Clients of TNC web hosting services understand that TNC does not own or control any network other than its own internal network, nor is responsible for performance (or non-performance) within such networks. However, TNC will work with its Internet connectivity provider to maximize its Internet link's performance for its customers.

Any request for problem resolution which, after investigation, turns out to be caused by another network provider or the client site, and not caused by TNC will incur support charges at the posted rates for such investigation. Server related issues are our responsibility, not client site or code issues.

Illegal Usage
TNC servers may be used for lawful purposes only. Transmission, storage, or distribution of any information date or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: any and all forms of gambling, copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, hackers programs or archives, Warez sites, and IRC bots.

TNC will be the sole arbiter as to what constitutes a violation of this provision.

Unacceptable Content
Content that may be deemed socially harmful is unacceptable on TNC servers. This includes hate sites. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

Bandwidth Utilization Policies
Client bandwidth utilization includes the transmission or reception of all files to or from their HTTP services. FTP and email is not metered. Total transfers per month shall be measured and reported to the client as required. Although at the current time, TNC does not place any restrictions on bandwidth usage, we do reserve the right to do so in the future. In particular, should we determine, in our sole discretion, that a web hosting client is utilizing an excessive amount of bandwidth, we will consult with the client and, if necessary, impose an excess usage fee, or request that the account be moved to a different host provider.

ASP/CGI/Email Script Policy
You have full access to your own virtual site's root web (NT server). We simply reserve the right to audit your scripts to ensure no hacking is occurring on our site, or scripts which adversely affect the operation of the servers. We strongly recommend that CGI or ASP development be performed off site, since the web server is a production server and not a development machine. Any ASP or CGI script that adversely affects the server operation will have the site suspended immediately and support time to determine the exact cause and repair will have support charges applied accordingly. We expect ASP code to work correctly and not affect the server operation. Please declare your ASP code to support if you are not sure of how its operation will affect the server. ASP code used to extract email and/or data from databases and be used to send multiple mailings is "strictly" limited to 50 recipients. ASPMail has limitations. Please use the listserv feature if possible for larger mailings or change your code accordingly. Contact support for outbound SMTP server information or for further information on ASPMail. Databases resident on the server require different permissions than standard files and should be placed in a directory specially set for databases. Databases require setup of the ODBC connection by us and we will provide a DSN as required or you can request the file directory from support. Please use a global.asa to place the DSN or file information in. We reserve the right to move site's physical directories. TNC will install custom components (i.e. dll's) from well-recognized third-party vendors only. To have a third-party component installed, extra charges may apply per options price list. We assume that your script has been tested and requires no setup on our end. If setup is required (i.e. special add-ons or plug-ins) we will be required to charge as per the price list and policy. The server is provided as a web and FTP server only. You may not run CPU intensive applications such as IRC servers and some chat scripts. If you need those applications, you should run them on the end of a leased line or from a dedicated server or choose a package that applies to your needs. SSL is available on the NT servers.

We currently can not stop people from developing on our servers, but should such development affect server performance (i.e. crash the server, etc.) we will charge support charges to find the problem, reboot the server or otherwise determine the cause of server failure. 

Chat Rooms/IRC
TNC does not allow clients to install their own chat rooms. Chat rooms tend to be large system hogs and we cannot permit it as an account option. TNC does not allow IRC or IRC bots to be operated on our servers.

Background Running Programs and Cron Jobs
TNC may allow programs to run in the background. These programs will be considered on an individual basis and extra charge will be incurred based on system resources used and operational maintenance needed. If you wish to run background programs please contact us at techsupport@tnccreations.com before doing so.

Server Abuse
Any attempts to undermine or cause harm to a TNC server or customer of TNC is strictly prohibited.

Any sub-networks of TNC and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines is grounds for account deactivation. We reserve the right to remove any account without prior notice.