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These
Terms and Conditions apply to our Paid Web Hosting Service.
1.
AGREEMENT. In this Web Hosting Service Agreement
("Agreement") "you" and "your"
refer to each customer, "we", us" and
"our" refer to Bizophost. "Services" refers
to the services provided by us, including our web hosting
services. This Agreement explains our obligations to you, and
explains your obligations to us for various Services. By
selecting our Services you have agreed to establish an account
with us for such Services. When you use your account or permit
someone else to use it to purchase or otherwise acquire access
to additional Services or to cancel your Services (even if we
were not notified of such authorization), this Agreement covers
such services or actions. By using the Services under this
Agreement, you acknowledge that you have read and agree to be
bound by all terms and conditions of this Agreement and any
pertinent rules or policies that are or may be published by us.
2.
PROHIBITED
Bizophost expressly prohibits the hosting of any porn,
gambling or safelist web sites. Should it be ascertained that
any of the preceding programs your web site will be instantly
deleted without notice. Customers may apply for safelist web
hosting but it is strictly at the discretion of Bizophost and is
subject to approval by Bizophost after full script details are
submitted. Safelist web sites will also only be able to sign up
to our Premier Plus account.
3.
. FEES,
PAYMENTS AND BILLING POLICIES. As consideration for the services
you have selected, you agree to pay us the applicable service
fees. All fees payable hereunder are non-refundable except those
fees covered by the "30 Day Money Back Guarantee". As
further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information about
you as required by the registration process and (2) maintain and
update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as
account information ("Account Information"). You
hereby grant us the right to disclose to third parties as needed
to maintain your services. By submitting to this Agreement, you
represent that the statements you have made in are true and you
will not use our Services for any unlawful purpose.
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2a. FEES and PAYMENTS. All fees are payable in US Dollars
except where a separate agreement for alternative payment option
is agreed with Bizophost.. All payments are due on your
account's Anniversary Date
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2b. BILLING CYCLE. All payments are due on your account's
Anniversary Date. Your account's Anniversary Date is the date
that your account was created. Your account will be billed
according to the billing cycle chosen when you purchased your
service(s).
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2c. CANCELLATION POLICY. Services will automatically renew
until a service is cancelled. If you do not wish to renew your
Monthly, Quarterly or Annual Service agreement you must cancel
your account by cancelling your recurring subscription through
Paypal and also advise us by email of your cancellation...
Domain Name Registrations CANNOT be cancelled. As the purchaser
of the Domain Name you are the Domain Name's owner until the
term of the Domain Name's registration has expired. Bizophost
will not automatically cancel services for problems related to
registrar transfers, non-usage, your ISP, or any other issues
not directly related to Bizophost's services. Bizophost reserves
the right to cancel any account at any time without notice, for
any reason Bizophost deems appropriate.
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2d. BILLING DISPUTES AND BANK CHARGE BACKS. All Bank
Disputes and Bank Issued Charge Backs result in the complete
cancellation of your account. All Bank Disputes and Charge Backs
are reported to the issuer's Credit Agency. If a Charge Back is
made on domain name registration or renewal fees, you forfeit
all ownership and administrator rights to the domain name(s). In
the event that a Charge Back was made in error, you will be
charged a $40.00 reinstatement fee for each credit card charge
back received by Bizophost before your services and/or domain
name will be reactivated.
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2e. SERVICE CHANGES. You are allowed to change your Web
Site Hosting package for free. An example of changing your
service means moving from an FTP account to a FrontPage account
or from Monthly billing to Yearly billing. Excessive use or
abuse of this free service will be determined at the discretion
of Bizophost. Bizophost
reserves the right to charge a fee or refusal of account changes
if this free service is abused by customers.
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2f. 30 DAY MONEY BACK GUARANTEE. Most services offered by
Bizophost carry a 30 Day Money Back Guarantee. If you are not
completely satisfied with our services, you will receive a full
refund during the first 30 days after the service was added. The
following fees do not qualify for the 30 Day Money Back
Guarantee: domain name registrations, domain name renewals, file
transfer (bandwidth) overage fees, and setup fees.
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2g. BILLING/PRICE CHANGES. Bizophost reserves the right to
change billing prices and policies at any time without notice.
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2h. BILLING FOR ADDITIONAL FILE TRANSFERS. Bizophost will
automatically bill customers for excess file transfer
("bandwidth") usage 10 days after notification of the
excess or if the customer does not respond to communication by
Bizophost within 7 days from date of email.
Customers will be billed $0.01 per MB over quota. If you
are billed monthly for our services the overage charge will be
attached to your monthly credit card charge. If you are billed
yearly for our services the overage will be billed to your
credit card the month following your overage. The overage is
calculated by monitoring the amount and size of the files
transferred from your account. These charges are made at the
sole discretion of Bizophost and are non disputable.
4. ILLEGAL USE. Bizophost servers may be used
for lawful purposes only. Transmission, storage, or distribution
of any information, data, or material in violation of any state
or national law or regulation of Australia is prohibited. This
includes, but is not limited to: copyrighted material;
trademarks; trade secrets or other intellectual property rights
used without proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates export
control laws. Any violation of any state or national law or
regulation of Australia will result in immediate cancellation of
your services. By participating in any illegal activity, you
give up your right to privacy. Any illegal activity that is
brought to the attention of any employee of Bizophost will be
forwarded to state and/or national authorities as required by
law.
5. SECURITY. Violations of system or network security are
prohibited and may result in criminal and civil liability.
Examples include but are not limited to the following:
unauthorized access, use, probing, or scanning of systems
security or authentication measures, data, or traffic;
interference with service to any user, host, or network
including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks;
forging of any TCP-IP packet header or any part of the header
information in an email or a newsgroup posting.
6. SERVER ABUSE. Any attempts to undermine or cause harm to a
Bizophost's server or customers are strictly prohibited. This
includes the abusive sending of unsolicited email, also known as
"Spam". (See Section 7, "Spam Policy", for
more information.)
7. CUSTOMER CONDUCT. You are solely responsible for the contents
of your transmissions through Bizophost. Your use of the
Bizophost service(s) is subject to all applicable local, state
and national laws and regulations of Australia. You agree: (1)
to comply with Australian law regarding the transmission of
technical data through Bizophost (2) not to use Bizophost for
illegal purposes; (3) not to interfere or disrupt networks
connected to the Bizophost; and (4) to comply with all
regulations, policies and procedures of networks connected to
Bizophost. You agree not to transmit through Bizophost's
service(s) any unlawful, harassing, libelous, abusive,
threatening, harmful, or otherwise legally objectionable
material of any kind or nature. You further agree not to
transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state or national law or
regulation. Attempts to gain unauthorized access to other
computer systems are prohibited. You shall not interfere with
another customer's use and enjoyment of the Bizophost's
service(s) or another entity's use and enjoyment of similar
services. Bizophost may, at its sole discretion, immediately
terminate your service or any agreement with us should your
conduct fail to conform to these terms and conditions.
8. SPAM POLICY. Sending unsolicited bulk and/or commercial
messages over the Internet (known as "spamming") is
prohibited, regardless of whether or not it disrupts services to
Bizophost customers. The term "spamming" also
includes, but is not limited to engaging in spamming using the
service of another ISP and referencing in the spam a web site
hosted on a Bizophost server. Bizophost investigates all reports
of Spam submitted via
our email form to report abuse. Should evidence of spam
activity be found, all services relating to the spam activity
will result in termination without notice.Bizophost reserves the
right to determine, in its sole and absolute discretion, what
constitutes a violation of this provision.
9. COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS.
You agree not to engage in any activity that infringes or
misappropriates the intellectual property rights of others,
including copyrights, trademarks, service marks, trade secrets,
software piracy, and patents held by individuals, corporations,
or other entities. Also, you agree to not engage in activity
that violates privacy, publicity, or other personal rights of
others. Bizophost is required by law to remove or block access
to customer content upon receipt of a proper notice of copyright
infringement in accordance with the Digital Millennium Copyright
Act (DMCA). It is also Bizophost's policy to terminate the
privileges of customers who commit repeat violations of
copyright laws.
10. ACTIONS TAKEN BY Bizophost. Your failure to meet or follow
any of the Terms and Conditions set forth by Bizophost is
grounds for account deactivation. Bizophost will be the sole
arbiter as to what constitutes a violation of its Terms and
Conditions. Bizophost reserves the right to remove any account
without prior notice. When Bizophost becomes aware of an alleged
violation of its Terms and Conditions, Bizophost will initiate
an investigation. During the investigation, Bizophost may
restrict a customer's access in order to prevent further
potentially unauthorized activity. Depending on the severity of
the violation, Bizophost may, at its sole discretion, restrict,
suspend, or terminate a customer's web hosting account and/or
pursue other civil remedies. If such violation is a criminal
offence, Bizophost will notify the appropriate law enforcement
authorities of such violation.
11. MODIFICATIONS TO AGREEMENT. You agree, during the period of
this Agreement, that we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services provided under
this Agreement. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or
change to the service(s) on our web site, or on notification to
you by e-mail or regular mail as per the Notices section of this
agreement, Section 23. You agree to review our web site,
including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by
submitting a cancellation ticket in accordance with our
Cancellation Policy (See Section 2c, "Cancellation
Policy", for more information). Notice of your termination
will be effective on receipt and processing by us. You agree
that, by continuing to use the Services following notice of any
revision to this Agreement or change in service(s), you abide by
any such revisions or changes.
12. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use your Account
Identifier and Password that was randomly generated when
you opened your account with us. Please safeguard your Account
Identifier and Password from any unauthorized use. In no event
will we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
13. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or operation
of our services and those of our service partners. These
announcements will be predominately informative in nature and
may include notices describing changes, upgrades, new products
and services offered by Bizophost or Third Parties or other
information to add security or to enhance your identity on the
Internet.
By accepting these Terms and Conditions and by using Bizophosts
Services you agree to our stated Privacy
Policy.
14. LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any breach of this
Agreement is solely limited to the amount you paid for such
Service(s). We and our contractors shall not be liable for any
direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services
or for the cost of procurement of substitute services. Because
some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such
states, our liability is limited to the extent permitted by law.
We disclaim any and all loss or liability resulting from, but
not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data mis-delivery; (3) loss or
liability resulting from acts of God; (4) loss or liability
resulting from the unauthorized use or misuse of your Account
Identifier or Password; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement; (6) loss or
liability resulting from the development or interruption of your
Web site or email service. You agree that we will not be liable
for interruption of business, or any indirect, special,
incidental, or consequential damages of any kind (including lost
profits) regardless of the form of action whether in contract,
tort (including negligence), or otherwise, even if we have been
advised of the possibility of such damages. In no event shall
our maximum liability exceed one hundred ($100.00) dollars.
15. INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors and
affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or
arising under this Agreement, the Services provided hereunder or
your use of the Services, including without limitation
infringement by you, or someone else using the E-mail Service
with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation
of any of our operating rules or policy relating to the
service(s) provided. When we are threatened with suit by a third
party, we may seek written assurances from you concerning your
promise to indemnify us; your failure to provide those
assurances may be considered by us to be a breach of your
Agreement and may result in termination of our Services to you.
16. BREACH. You agree that failure to abide by any provision of
this Agreement, any operating rule or policy provided by us, may
be considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If
within thirty (30) calendar days of the date of such notice, you
fail to provide evidence, which is reasonably satisfactory to
us, that you have not breached your obligations under the
Agreement, then we may terminate our Services, including but not
limited to our web hosting services, without further notice. Any
such breach by you shall not be deemed to be excused simply
because we did not act earlier in response to that, or any other
breach by you.
17. NO GUARANTY. You agree that, by registration or reservation
of your chosen domain name, such registration or reservation
does not confer immunity from objection to the registration,
reservation, or use of the domain name.
18. DISCLAIMER OF WARRANTIES. You agree and warrant that the
information that you provide to us to register for our Services
is, to the best of your knowledge and belief, accurate and
complete, and that any future changes to this information will
be provided to us in a timely manner according to the
modification procedures in place at that time. You agree that
your use of our Services is solely at your own risk. You agree
that such Service(s) is provided on an "as is,"
"as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including
but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make
no warranty that the Services will meet your requirements, or
that the Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results that
may be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through the
our e-mail service or that defects in the Services software will
be corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of the our
e-mail service is done at your own discretion and risk and that
you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such
material and/or data. We make no warranty regarding any goods or
services purchased or obtained through the e-mail service or any
transactions entered into through the e-mail service. No advice
or information, whether oral or written, obtained by you from us
or through the e-mail service shall create any warranty not
expressly made herein. Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions
may not apply to you.
19. REVOCATION. You agree that we may terminate your right to
use our Services if the information that you provided to
register for our Services, or subsequently to modify it,
contains false or misleading information, or conceals or omits
any information we would likely consider material.
20. RIGHT OF REFUSAL. We, in our sole discretion, reserve the
right to refuse to host your website or register you for other
Services, or to terminate the Services we provide you within
thirty (30) calendar days from receipt of your payment for such
services. In the event we do not host your website or register
you for other Services within such thirty (30) calendar day
period, we agree to refund your applicable fee(s). You agree
that we shall not be liable to you for loss or damages that may
result from our refusal to host your website or register you for
other Services.
21. INFANCY. You attest that you are of legal age (18 years or
older) to enter into this Agreement.
22. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
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