Acceptable Use Policy
Biznesshosting, Inc. DBA Volico.com (the Company) has established
this Acceptable Use Policy (AUP) to advise the users of
its network and services of the acceptable and prohibited
uses of its network and services. The Company's network
and services must be used only for lawful purposes and for
purposes consistent with this AUP, which is a non-exclusive
list of the actions prohibited by the Company.
1. Users are prohibited from violating any system
or network security measure, including, but not limited
to engaging in:
- Unauthorized access or use of the Company's or
a third party's network, data, or information; including
any attempt to probe, scan or test the vulnerability of
a system or network, or to breach security authentication
measures without express authorization of the owner of
the secured network
- Unauthorized monitoring of the Company's or third
party's data, systems or network traffic
- Interference with a third party's use of the
Company's network or service, including without
limitation, mail bombing, flooding and deliberate attempts
to overload a system
- Forging of any header or any part of the header information
in any e-mail or newsgroup posting,
or taking any action in order to obtain services to which
such user is not otherwise entitled
2. Users are prohibited from engaging in activities
that cause interference with a third party's ability
to connect to the Internet or provide services to Internet
users.
3. The Company reserves the right to terminate
any account which distributes, or links to, the following
the content:
- Material which is grossly offensive to the Web community
including blatant expressions of bigotry, racism, hatred,
or profanity
- Promoting or providing instructional information about
illegal activities, or promoting physical harm or injury
against any group or individual
- Displaying material that exploits children under 18
years of age
- Acts of copyright infringement including offering pirated
computer programs or links to such programs, information
used to circumvent manufacturer-installed copy-protect
devices, including serial or registration numbers for
software programs, or any type of cracker utilities
Unsolicited Bulk Email
4. Users are prohibited from sending unsolicited
e-mail messages ("spamming"), including, but
not limited to:
- Posting the same, or similar, messages to one or more
Usenet or other newsgroups, forums, email mailing lists
or other similar groups or lists
- Posting any Usenet or other newsgroup, forum, e-mail
mailing list or other similar group, or list
articles which are off-topic or otherwise violate the
rules of the charter or other owner-published
FAQ or description of the group or list
- Sending unsolicited e-mail, including commercial advertisements
and informational
announcements to Internet users, or any unsolicited e-mail
that could reasonably be expected to provoke complaints
- Using e-mail to engage in harassment, whether through
language, frequency or
messages. Continuing to send someone e-mail after being
asked to stop is considered
harassment
- Sending e-mail with falsified or obscured header or
information designed to hinder the
identification of the location of what is advertised
- Collecting replies to either (i) unsolicited e-mail
messages or (ii) messages that were either sent
through another provider which violate these rules or
those of the other provider
5. Users who send bulk e-mail to "opt-in"
list must have a method of confirming or verifying subscriptions
via what is commonly known as a "double opt-in"
method and be able to show evidence of subscriptions for
users who complain about unsolicited e-mail. The Company's
receipt of excessive complaints from Internet users related
to e-mails received due to users use of "opt in"
list shall warrant an investigation by the company and may
be a violation of this AUP, especially if the investigation
uncovers ambiquous or otherwise decieving methods to get
users to opt-in.
6. Users are prohibited from creating, storing or
disseminating any material (i) in violation of applicable
law or regulation, (ii) protected by trademark, trade secret,
copyright or other intellectual property rights without
proper authorization, (iii) that is libelous, slanderous,
defamatory, abusive, an invasion of privacy or otherwise
illegal, (iv) containing fraudulent offers for goods or
services or any promotional materials containing false,
deceptive or misleading statements, claims or representations.
7. Users are prohibited from falsifying user information
provided to the Company or to other users in
connection with use of a Company service.
8. Users are prohibited from engaging in any of
the foregoing activities: (i) by using the service of another
provider, but channeling such activities through a Company
account, re-mailer, or otherwise through a Company service,
(ii) using a Company account as a mail drop for responses,
(iii) otherwise using the services of another provider for
the purpose of facilitating the forgoing activities if such
use of another party's service could reasonably be
expected to adversely affect a Company service.
9. The Company considers the above practices to
constitute abuse of its service. Engaging in one or
more of these practices may result in immediate termination
of a user's access to the Company's
services. Users shall be charged an administrative fee of
$500 for each incident in violation of this AUP. A violation
of this AUP by someone having only indirect access to the
Company network through a customer, or other user, will
be considered a violation by the customer, or other user,
whether or not with the knowledge or consent of the customer
or other user. The Company receives complaints directly
from Internet users, through Internet organizations and
through other parties.
10. The Company shall not be required to determine
the validity of individual complaints received before taking
action under this AUP. The Company reserves the right in
its sole discretion to determine, based on the Company's
descriptions outlined in this AUP, whether duplicative or
mass e-mail messages are "unsolicited". A complaint
from the recipient, whether received directly or through
an anti-spamming organization, shall be presumed to be evidence
that the message was unsolicited. The Company has no obligation
to forward the complaint to the user or to identify the
complaining parties.
11. The user is responsible for the use of all services
utilized via its connection to the Company network, including
any support services provided via its connection to the
Company network. Support services include hosting Web sites,
electronic mailboxes, telephony gateways, IRC servers, advertising,
transmitting, or otherwise making available any software,
program, product or service that is designed to violate
this AUP or the AUP of any other Internet services provider.
Conduct that directly or indirectly encourages, permits
or relies on activities in violation of this AUP, is also
a violation of the AUP.
Examples include failure to implement technical or administrative
measures to prevent mass unsolicited e-mail, or providing
spamming support services such as e-mail drop boxes, sales
of spamware, list washing, and the hosting of "spam-vertised"
Web sites.
12. Nothing contained in this policy shall be construed
to limit the Company's actions or remedies in any
way with respect to any of the foregoing activities, and
the Company reserves the right to take any and all additional
actions it may deem appropriate with respect to such activities,
including without limitation taking action to recover the
costs and expenses of identifying offenders and removing
them from the Company service, as well as levying cancellation
charges to cover the Company's costs. The Company
will investigate violations of policy and will cooperate
with law enforcement officials for suspected criminal violations.
In addition, the Company reserves at all times all rights
and remedies available to it with respect to such activities
at law or in equity.
13. Due to security concerns, all account cancellations must be done in writing and sent to Biznesshosting, Inc..
Phone requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued
back to your credit card within 30 days of receipt of a validated cancellation notice.
The Company reserves the right to modify this policy at
anytime with 10 days notice.
Service Agreement
1. Term - This agreement
commences on the date of account activation between Biznesshosting, Inc.
("The Company") and the individual or business who ordered the account
("the User"). The term of this Agreement shall be for the terms
set forth within the Service Agreement. This Agreement shall automatically
renew at the end of such term for subsequent terms equal to the initial
term's duration unless earlier terminated in accordance with this Agreement in
writing; thirty (30) days in advance of the period in which the User
wishes to terminate the agreement. The request for termination should be signed
by the User on company letterhead, and mailed or faxed to Biznesshosting, Inc.
E-mail requests are not acceptable.
2. Payment - Biznesshosting, Inc. will
assign a payment due date to the User on the first invoice.
Payment is due by that date. If the User chooses to pay
by credit card, the User grants Biznesshosting, Inc. permission
to charge payments to that card on the due date. The User
further agrees not to challenge or dispute any charge representing
monthly payments. A 10% late fee will be assessed 5 days
after the invoice is due. In the event of default on payments,
the User's full balance for the duration of the contract
would become due and payable immediately. Failure to pay
in no way relieves the User's obligation to make full payment.
The User shall be liable for all legal, collection and related
expenses incurred by the Company in the collection of any
amount due it. In addition, the Company reserves the right
to hold customer's equipment until all monies due are paid.
Further the Company reserves the right to pursue any all
means necessary to collect full payment of the debts owed
to it by the User.
3. Termination - The
Company reserves the right to terminate this agreement without
prior notice if the User defaults on payments, violates
State or Federal laws, or violates the Company's Acceptable
Use Policy ("AUP"). If termination is due to flagrant
violation of the AUP, the Company reserves the right to
accelerate customer contract to term.
4. Service - The User
understands and agrees that occasional temporary interruption
of any Internet Services may occur as normal events in the
provision of the Internet Services. The Company will strive
to prevent such disruptions, but under no circumstances
will the Company be held liable for any financial or other
damages due to such interruptions. In no event shall the
Company be liable to the User, or any other person for any
special, incidental, consequential or punitive damages of
any kind, including, without limitation, refunds of fees,
loss of profits, loss of income or cost of replacement services.
5. Acceptable Use policy - This Agreement
is subject to the Company's Acceptable Use Policy available
above.
6. Standard support -
This agreement does not include any free services unless
otherwise specified. A schedule of service fees can be found
on the Company's website http://www.volico.com. In addition,
you can easily obtain these services from us by contacting
the Company through the above website. The Company, at its
sole discretion, may change the service information at any
time.
Users who lease dedicated servers or colocation space are
expected to administer and maintain their server(s) remotely.
Supervised access to the premises will be provided to colocation
customers by request during regular business hours (24/7
access is available if 24 hours notice is given). The Company
will reboot the User's servers as needed, but the Company
reserves the right to require appropriate upgrades as a
condition of continuing service if frequent reboost are
requested and/or if any server is deemed unstable.
7. Limitation of Liability
- Biznesshosting, Inc. shall not be liable for any loss,
damage, liability, claim or expense arising out of or in
relation to this Agreement. IN NO EVENT SHALL BIZNESSHOSTING,
INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR
OTHER CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
LOST PROFITS), ARISING OUT OF OR IN RELATION TO THE AGREEMENT.
BIZNESSHOSTING, INC.'s ENTIRE LIABILITY AND THE CUSTOMER'S
EXCLUSIVE REMEDY SHALL BE AT BIZNESSHOSTING, INC.'s OPTION
TO EITHER RETURN THE SERVICE FEES PAID OR REPLACEMENT OF
CONNECTION SERVICES OR PRODUCTS. In any case, BIZNESSHOSTING,
INC.'s entire liability under or arising out of this Contract
shall be limited to an amount equal to one month's payment
by the User for products and services that gave rise to
the liability. User agrees to use all Biznesshosting, Inc.
services and facilities at User's own risk. Biznesshosting,
Inc. specifically disclaims all warranties of merchantability
and fitness for a particular purpose. In no event shall
Biznesshosting, Inc. be liable for any loss, or loss of
data, or any other damages.
8. Legal Details:
Waiver - The waiver or failure
of either party to exercise in any respect any right provided
for in this Agreement shall not be deemed as a waiver of
a further right under this Agreement.
No Assignment - The User shall not sell,
transfer or assign this Agreement without the prior written
consent of Biznesshosting, Inc..
Binding Agreement - This Agreement shall
benefit and be binding upon the parties to this Agreement
and their respective successors and assigns.
Entire Contract - This Agreement represents
the complete Agreement and understanding of the parties
with respect to the subject matter herein. It supersedes
any other Contracts, Agreements, or understanding, written
or oral. This Agreement may be modified only through a written
instrument signed by both parties.
Notices - All notices must be sent to the
following addresses to serve as notices under the Agreement:
BIZNESSHOSTING
1914 NW 137th Terrace
Pembroke Pines, Fl. 33028
Venue - Venue for mediation, arbitration,
or litigation of any dispute between the parties arising
under this Agreement shall be in Broward County, Florida.
Governing Law - This Agreement shall be
interpreted and governed in all respects whether as to interpretation,
construction, performance, enforcement or otherwise by the
laws of the State of Florida.
Litigation Costs - If any legal proceeding
is brought to enforce this Agreement or any provision of
it or because of any default in any representation, covenant,
indemnity or provision of it, the successful or prevailing
party shall be paid all costs and expenses, including reasonable
attorney's fees through all proceedings, trials or appeals.
Both parties acknowledge that they understand this Agreement
and agree to be bound to its terms. Both parties represent
and warrant that they have the corporate power and authority
to execute and deliver this Agreement on behalf of the User.
IN WITNESS HEREOF, the parties hereto have entered into
this Agreement as the date set forth:
