BUDGETHOSTINGWEB SERVICE AGREEMENT
By applying for a web hosting
account with BudgetHostingWeb, you agree to the terms and conditions set
forth below.
Please note that while these
are the current terms and conditions, BudgetHostingWeb reserves the right
to revise our policies at any time. Additionally, BudgetHostingWeb
reserves the right to discontinue service for any account that we
determine is being used inappropriately or unlawfully and reserves the
right to refuse service at our discretion.
Web Site Content Management
Web site construction and management is the responsibility of the Member. BudgetHostingWeb
is not responsible for web site management or files lost or damaged by
users or system failures. Customers who have not purchased the Weekly Backup
upgrade must keep a backup copy of all
their files on a machine outside of the BudgetHostingWeb network and may
be required to reload these files in the event of system failure.
Policy Violation
If an account is used unlawfully or is in violation of the user policy, BudgetHostingWeb
reserves the right to limit or terminate the account without notice and without
refunds. Files that violate the user policy are subject to limitation or deletion
without notice. Customers violating the User Policy will be held responsible
for damages to BudgetHostingWeb, including but not limited to, BudgetHostingWeb
systems, servers, connectivity, reputation, business, service, network,
operations, or equipment. Determining what constitutes a policy violation
is the sole discretion of BudgetHostingWeb, and includes, but is not
limited to, the following:
- Spam
Sending unsolicited commercial email ("spam"), cross-posting
messages to a large number of usenet groups, posting obscene or
threatening messages while using or referring to an BudgetHostingWeb email
address or web site URL is prohibited. The use of BudgetHostingWeb servers
as a mail drop for responses to activities described above is also
prohibited. Accounts cancelled due to spam will be billed a service fee of
US$100.
- System Abuse
BudgetHostingWeb offers services under a "Fair Use Policy" which is designed to ensure that our Customers have equal access to our
resources in an efficient, stable and reliable environment. System Abuse includes, but is not limited to, excessive use of CPU and system resources
by java applications, IRC bots etc. BudgetHostingWeb will determine what constitutes system abuse.
- Unlawful Use
BudgetHostingWeb services may only be used for lawful purposes.
Transmission, distribution or storage of any information, data or
material in violation of federal, state or common law is prohibited.
This includes, but is not limited to, material protected by
copyright, trademark, trade secret or any other statute.
- Software/Multimedia Distribution
Accounts cannot be used to distribute "pirated" versions of
copyrighted software ("warez"), serial numbers for copyrighted
software or copyrighted multimedia files (i.e. music files or MP3's).
Sites that contain links to pirated software or other illegal activities
are also prohibited.
- File/Image Libraries
Accounts with large numbers of files or images specifically designed for downloading rather than being viewed in a
browser and/or accounts with little or no content other than
download links or images.
- Banner or Traffic Exchanges
Accounts with excessive traffic due to banner or traffic exchange activities.
- Adult Content
Sites containing adult material, links to adult material, or
adult-oriented merchandise are not permitted. The final determination of
what constitutes "adult content" is made by BudgetHostingWeb.
- Remote Loading
Loading of images stored in a BudgetHostingWeb account (without the
necessary upgrade) by other
servers outside BudgetHostingWeb.
- Security Violation
Attempts to manipulate BudgetHostingWeb servers or Member web sites are
prohibited. This includes, but is not limited to, attempting to gain
unauthorized access to BudgetHostingWeb servers, mail bombing, or other
means of deliberately overloading systems.
- Staff Abuse
The sending of rude, abusive or threatening messages to our Customer
Service staff may result in immediate suspension of support
services. BudgetHostingWeb will determine what constitutes
staff abuse.
Payment
Hosting fees are payable by Paypal or credit card before service is activated.
Paypal bills in US dollars however credit card payments are billed the equivalent amount in Australian dollars.
Prices stated in other currencies are intended only as a guide. Due to
currency fluctuations, equivalent prices in other currencies may vary
without notice.
Renewal - Payment by Paypal
Hosting renewal fees are automatically billed each year by Paypal.
Renewal - Payment by Credit Card
Hosting renewal fees are automatically billed each year by our Auto-Renewal Service.
We will continue to bill each account without fail on a yearly basis unless cancelled
by the Member beforehand. Auto-Renewal is not optional at
BudgetHostingWeb - to cancel Auto-Renewal, you must cancel your account.
One month prior to the Account Expiry Date,
BudgetHostingWeb will charge the credit card we hold on file for each
account. If the credit card is charged successfully, an
email Invoice will be
sent to the billing contact confirming payment. If the credit card is declined, an
email Renewal Notice will be
sent to the billing contact requesting payment. We will try to process the card
3 times before an account is cancelled. If
the account expires and payment
is not received during our "grace" period, the account
will be deleted. Customers should click
here if they need to update the card held on file for their account.
Cancellation Procedure - Payment by Paypal
We are unable to cancel Paypal Subscriptions so customers who have paid by this method will need to cancel at Paypal.
Cancelling a Paypal Subscription will also cancel the relevant BudgetHostingWeb account immediately.
Cancellation Procedure - Payment by Credit Card
Cancellation of Service requires a minimum of 1 month's notice. To prevent continued
Auto-Renewal in future years, Customers who no longer need their accounts or have the relevant
domain name must give notice immediately by submitting the form at:
http://www.budgethostingweb.com/hosting/cancel.shtml.
For security reasons, cancellation requests cannot be accepted by email and submission of the
above form is the only cancellation method that will be accepted under any circumstances,
otherwise renewal and billing will continue each year automatically.
Cancellation
requests must be received more than 1 month prior to the Account Expiry
Date to prevent Auto-Renewal. Once our Auto-Renewal Service renews an account, renewal fees are NOT REFUNDABLE because we will have already
paid our upstream provider for the next year of service.
Other Cancellation Terms
BudgetHostingWeb reserves the right to cancel service of an account at any
time without notice and without a refund, in the event that:
1) The account violates our posted policy.
2) Payment for any web service is not received when due.
The contents of a cancelled web site may be deleted at any time subsequent
to account termination. Web site files for cancelled accounts are removed
from the server immediately and are NOT usually retrievable.
An account terminated due to policy violation involving
unsolicited bulk email (spam), will be charged a US$100 service fee.
Refund
Hosting and Upgrade Fees are non-refundable.
Account Reactivation
Cancelled accounts cannot be reactivated. If an account was cancelled by request or due to delinquent payment,
the Member can set up a new account by placing a new order. A new account will not
be accepted where the original account was cancelled due to a policy violation.
Changes on Accounts
BudgetHostingWeb is unable to provide telephone
support because we are a discount service. Our sole contact with Customers
is by email, therefore Customers shall keep their email address up to date
in our system at all times. Customers shall notify BudgetHostingWeb of any change in credit card information and/or billing
information whenever such change occurs. We
have 5 different types of accounts each with different features and disk
space allocations. These accounts are on different pricing structures
with our upstream provider and on different servers so we regret that
they are not transferable, however they can be upgraded in our Upgrade
Center.
Indemnification/Disclaimer
Information in the BudgetHostingWeb web site may contain technical
inaccuracies or typographical errors. Changes to the BudgetHostingWeb web
site may be made periodically. Every good faith effort will be made to
keep the web site content accurate and up to date. BudgetHostingWeb
reserves the right to make improvements and/or change our web site at any
time without notice.
USE OF THE BUDGETHOSTINGWEB HOSTING
SERVICE IS AT THE MEMBER'S SOLE RISK. BUDGETHOSTINGWEB SERVICES ARE
PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Neither BudgetHostingWeb,
its employees, affiliates, third party services, merchant licensors or the
like, warrant that BudgetHostingWeb web hosting service will not be
interrupted or error free. BudgetHostingWeb will make every good faith
effort to ensure that its web servers are available to as many Internet
users as possible and that there is minimal interruption of service as
possible
Under no circumstance will BudgetHostingWeb,
its partners, its employees, or its affiliates be liable for any claims,
any action either direct, indirect, special, incidental, or consequential,
or any damages either punitive or alleged to have resulted, including loss
of profits, from the use of or inability to use BudgetHostingWeb service,
from service interruptions, from member errors or problems with their
Internet connectivity, from the Member's equipment or available
technology, from unauthorized access to BudgetHostingWeb servers, from
communication failure, from bandwidth congestion or interruptions, or from
acts of God.
The Member also agrees to indemnify and
hold BudgetHostingWeb harmless against any liabilities arising out of
defective products sold to customers from BudgetHostingWeb servers,
personal injury or property damage caused by products or services sold or
distributed from BudgetHostingWeb servers, any material that infringes or
allegedly infringes on the rights of a third party available from BudgetHostingWeb
servers, and any material that libels or allegedly libels a third party
available from BudgetHostingWeb servers.
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