Biznesshosting, Inc.
info@biznesshosting.com

(1.1) Liability

The subscriber agrees to hold Biznesshosting harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Any and all material within a subscriber's account, is property and responsibility of that subscriber (unless the material is copyrighted, trademarked, etc...)

Biznesshosting shall have no liability whatsoever for any direct, indirect, incidental, special or consequential damages or losses (including, without information, or any other pecuniary loss) of Client or Client's customers or suppliers that result from the use of inability to access the Site or from the services provided by Biznesshosting, or as a result of any errors, omissions, interruptions, power failures, computer viruses, data damage, deletion of files, defects, delays in operation, delays or failures of transmission, or any other failure of performance.

In any event Client's recovery for any and all damages, losses and causes of action arising under this Agreement, whether in contract, tort or otherwise, shall not exceed the aggregate dollar amount paid by Client for the monthly service period during which the claim arose during the term of this Agreement.

(1.2) Unacceptable Conduct

Clients are prohibited from transmitting against, on, or through any of Biznesshosting's facilities or personal, any material that is, in Biznesshosting's sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation. 

(2.1.a) Content

Any and all services provided by Biznesshosting may be used for lawful purposes only. This means, that illegal material is strongly prohibited. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State and/or City law, is prohibited. Any data that violates international laws, is forbidden as well. All content that we judge threatening or obscene, and/or material protected by trade secret and other statue can and will be reviewed by Biznesshosting. Any material that fits into any of the above and below cases, can be deleted with no prior warning by Biznesshosting.

(2.1.b) Unacceptable Content

Biznesshosting forbids any material that is listed below. This includes links or any material referring to the following:

1. Pirated software (illegal duplication, distribution of licensed software)
2. Hackers material
3. Illegal Adult material (Child Pornography is stricly prohibited, and all adult material must have proper opening pages to deter minors before adult content is shown)
4. Warez Sites (Cracks to licensed software for example)
5. Illegal audio/video (illegal mp3, illegal recorded samples)

Biznesshosting will be the sole arbiter as to what constitutes a violation of this provision. You will be notified in time, and you'll have to remove (censor) the material we'll point out, immediately. If Biznesshosting will need to contact you more than 3 times about a violation caused by you, your account will be discontinued with no refund.

(2.1.c) Legal MP3

We will host websites that host mp3 material, as long as the following conditions are met:

1. All MP3 on the site is legal
2. No links made to outside illegal MP3 archives/websites

It is customer's responsibility to know with no doubts, that the MP3 on his or her website does not violate any policies, laws, rules and regulations, trademarks and copyrights.

(2.1.d) Violating Material

If material is found within a subscriber's account, that is violating any of the policies and rules listed on this page, that subscriber will be held liable for the content. This includes material located at the subscriber's anonymous FTP.

(3.1.a) Server Usage

Many things can slow down a server. In order to guarantee the fastest possible connections, we need to monitor our servers for processes that overload them. Any party that slows our servers down, can and will be notified. Biznesshosting reserves the right to kill any process (i.e. end a software's execution) that is overloading a server, or slowing it down heavily.

(3.1.b) Server Abuse

Any attempts to undermine or cause harm to a Biznesshosting server or customer of Biznesshosting is strictly prohibited, and is followed by an account deactivation with no refund.

(3.1.c) Network and Server Usage

Any accounts using constantly more than 20% of the network and system resources will be notified. Biznesshosting will ask those accounts (using over 20% constantly) to remove certain material if those accounts are willing to stay, else those accounts will be asked to leave in order for all other clients to be able to benefit from speed and fast service.

(3.2.a) Chat Software

We do allow chat rooms if and only if the software is well programmed and doesn't take up too much of the system's resources. Biznesshosting reserves the right to block your chat software directory at any time.

Acceptable Chat Rooms are:

1. >CGI chat rooms used via browser ONLY

 

(3.2.b) IRC and IRC bots

We currently do not allow IRC or IRC bots to be operated on our servers, sorry. These tend to be huge system resource hogs and can provoke D.o.S. attacks.

(3.3.a) Crontabs

Crontabs may be run with the following restrictions:

1. May not be run continuously

   May be initialized on a hourly interval minimum (not on a minute based in other words)

(3.3.b) Background

We don't allow for customers to setup their own background programs without our granted permission or acknowledgment. Background programs can and do slow down servers, therefore a small fee can be asked for in case the background program requires extra system resources.

(3.3.c) Unacceptable background program

Some background programs that we have had problems with in the past slowed down the system and are not allowed anymore on a regular account. These include:

1. Java chat servers

2. CGI server push chats

3. Web cams

4. IRC bots

(3.4) Through Traffic

You may not use our servers for through traffic. This means, that if you want to download any material from a remote FTP server to your account directly (server to server), then this is not acceptable. This is usually done, when a person wants to download illegal material, or material from a very popular website, whose FTP server is extremely slow.

If this policy is unclear to you, your customer, or any party directly involved in web hosting on any Biznesshosting server, then please contact us with specific questions.

(3.5) Spam - Commercial Advertising Email

SPAM refers to the sending of unsolicited email to one or more email addresses from our mail servers. As long as multiple recipients haven't agreed to be on your mailing list, then spamming, or sending unsolicited email, from a Biznesshosting server or using an e-mail address that is maintained on a Biznesshosting machine is STRICTLY prohibited. Biznesshosting scans the system and will be the sole arbiter as to what constitutes a violation of this provision.

Biznesshosting is committed to an anti-Spamming policy. Under this policy, we protect you and your customers by prohibiting Spam, or any unsolicited commercial e-mail, from being sent either:

1. Over the Biznesshosting network, by customers or any other users of the Biznesshosting network (including customers'customers); AND/OR

2. Over ANY network-if the message sent advertises or mentions a site hosted on the Biznesshosting network.

We react quickly and seriously to violations, and we further reserve the right to terminate the network services, with no refund, of any customer disregarding this policy. Violation of our SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Biznesshosting will initiate an immediate investigation (within 24 hours of notification). Biznesshosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Biznesshosting may, at its sole discretion, restrict, suspend or terminate customer's account. Furthermore, the client is responsible for all time spent by Biznesshosting, Inc. representatives in the investigation of spam complaints, billed at $60/hour, and Biznesshosting reserves the right to pursue civil remedies for these and any additional costs associated with the investigation of a substantiated policy violation. Biznesshosting will notify law enforcement officials if the violation is believed to be a criminal offense.

(4.1.a) Payments

Customer is responsible for making all payments on time. All services and products must be pre-paid by the customer (exceptions may apply).

Any delayed or declined payments will be blocked (but not deleted) automatically in 5 days (including weekends) after a reminder has been issued. If no payment is received within 2 days after the 5 days (or before), then account will be closed (exceptions may apply). Biznesshosting reserves the right to completely remove an account at its own discretion, after an account has been completely closed.

(4.1.b) Non-Payments

In the event Biznesshosting will not receive a payment for services to-be rendered, or already rendered, it reserves the right to refuse providing any kind of support to the customer until payment in full is received.

It remains Biznesshosting's choice as to how a customer shall be treated if a non-payment situation would arise.

(4.1.c) Late Payments

An additional late fee of 10% may be imposed on the customer in the event of a late payment. A late payment is defined by a credit card that has been declined by a minimum of two consecutive times (or otherwise problematic), non-receipt of alternative method of payment to credit cards (i.e. check, money order, bank transfer) within 5 days after the due-date.

(4.1.d) Bounced Checks

A penalty fee on bounced checks, of an amount equivalent to that of the monthly account payment or $35.00 (whichever is lower), will be billed to customer on a bounced check. In such an event, Biznesshosting reserves to block or even close the account until payment is received (including the penalty fee).

(4.2.a) Refunds

The first month of hosting is non-refundable as it includes, or better said, is the setup fee.

In order for a customer to be eligible for a refund, policy violations may not have been made by the customer.

(4.2.b) Acceptable Refunds

All refunds requested with a valid complaint will get a refund of the month's hosting. A valid complaint is determined by Biznesshosting. These include but are not limited to:

1. Biznesshosting server down for several days in a row

2. No service provided in over a week

3. IF customer can support or prove his or her complaint in a valid manner

4. Biznesshosting> overcharged credit card

 

(4.2.c) Unacceptable Complaints for Refund

Some customers will request refunds, whereas their reasons are not valid. These include, but are not limited to:

1. Slow connection caused by client's ISP/network

2. Client's ignorance and/or negligence

3. Already having logged in to his or her account many times

4. Having used the account for whatever reasons

5. Non-payment for service by customer

 

(4.3) Changes

At all times, is it customer's responsibility to make certain that Biznesshosting has the most recent billing contact information on file. Biznesshosting will only contact the billing contact person that is on file.

(4.4.a) Refusal of Payment

Biznesshosting reserves the right to refuse a certain method of payment, does it deem to be necessary. Such action will be taken by Biznesshosting, for late payments of an excessive amount of time, big sums, bounced checks, disputes, penalty fees, and any other fees that may be imposed due to customer's negligence.

(4.4.b) Guaranteed Funds

Any methods of payments that will guarantee the funds to Biznesshosting, Inc. will be accepted in the event of a &quotRefusal of Payment". These include but at not limited to:

1. Money Order

2. Bank Transfer

3. Western Union

Credit cards will not be accepted for restoring a customer's credibility with Biznesshosting.

(4.5) Violations

If a serious violation of any policy, warning and/or rule has been committed, Biznesshosting reserves the right to block a user from hosting services for a lifetime, with no refund.

 

(5.1.a) NIC fees

Any and all fees for your domain name are to be paid to your national NIC. If Biznesshosting is chosen by customer to act as the NIC, then payments for the domain name are to be sent to Biznesshosting.

(5.1.b) Domain Name renewals

Customer is aware of any possible renewal NIC fees for his or her domain name. These fees are the responsibility of the customer, and are to be paid in full by the customer. Any and all NIC fees are to be paid directly to the NIC - or Biznesshosting (if acting as the NIC for customer).

(5.2) Specials & Discounts

Quantity discounts and special offers may be made by Biznesshosting on an individual basis for add-on services. Customer will be responsible for any agreed fees, as well as, any special pricing set forth by Biznesshosting will:

1. Expire if offer not taken advantage of within 15 days.

2. Not be valid for a same future offer if cancelled.

3. Not be resellable.

4. Not necessarily valid for additional future requests.

It is customer's choice and not responsibility, to inquire about discounts and/or special deals for add-on services.

(5.3.a) Add-on Service fees

Account plans can be upgraded at customer's request, with the addition of an add-on service as offered and advertised on Biznesshosting's website. Customer is responsible to prepay for all add-on services, prior the establishment of such services (exceptions may apply).

(5.3.b) Financial Loss

In any event, the customer would proceed with action resulting in third party fees to Biznesshosting, causing Biznesshosting to suffer a financial loss, customer is responsible for any and all such third party fees.

(5.4) Deductions

In the event of a refund, Biznesshosting reserves the right to deduct (on justified basis or cause) any fees from the refund prior issuing the refund.

(5.5) Third Party fees

Customer is responsible for any and all third party fees and are non-deductible from any funds that are due to Biznesshosting.

(5.6) Penalty fees

Biznesshosting tries to stay away from penalty fees, as neither Biznesshosting nor the customer will ever intend to be in a situation that would require for such drastic action. Penalty fees may be imposed by Biznesshosting if a serious violation is committed AND Biznesshosting warning notices will go ignored and/or unanswered by the customer. A penalty fee will never exceed the monthly fee of the customer's account plan.

 

(6.1.a) Cancellations

Biznesshosting will continue to provide service to a customer, until a written cancellation notice is received from the customer. A written notice must be sent by FAX, e-mail or regular mail. Customer will be asked for random information to verify identity; until the customer has not provided correct identity information, Biznesshosting will not cancel the account. In order for a cancellation to be valid, Biznesshosting must confirm the cancellation. It is customer's responsibility to make certain that this confirmation is received. All confirmations by Biznesshosting are made via e-mail (not by phone, not by FAX, not by regular mail or any other method).

All charges will cease only after the cancellation notice has been received from the customer, and Biznesshosting has confirmed the cancellation.

(6.1.b) Responsibilities

It is customer's responsibility to cancel an account before the due date. Any late cancellations, even one day after the billing date, are only effective after the billing date, meaning the customer is responsible for any and all charges prior the cancellation.

Biznesshosting will request identification information from the customer in order to perform an identity check on the person requesting the cancellation, to make sure that that person is authorized to perform such a cancellation. Such procedures may or may not be taken if the customer's account has already been closed due to non-payment. It is customer's responsibility to return such information to Biznesshosting prior the next billing date, otherwise, the customer will be responsible for any and all charges that are made before the identification information is received.

If any terms or conditions fail to be followed, it may result account deactivation or fees. Any contents on this, or any subsequent page is subject to change without prior notice. Customer is responsible for regularly reviewing these Rules and Regulations (policies). Continued use of Biznesshosting services following any such changes shall constitute the Customer's acceptance of such changes.