Terms of Services - Hosting Accounts

Admin User
Posted on 11/15/2009 12:00 am
The use of MyBizDesigner services is governed by the below
Acceptable Use Policy (AUP).
1. Terms of Service MyBizDesigner provides worldwide webpage hosting. MyBizDesigner
reserves the right to suspend or cancel a customer's access to any or all
services provided by MyBizDesigner at any time without notice or reason. MyBizDesigner
also reserves the right to cancel or suspend a customer account if they breach
this AUP.
2. Account-Holder Identification Information You agree that you, as the person
legally responsible for all use of this account, are at least 18 years of age.
If you are under 18 years of age, you need to have parental consent in order to
sign up, and the account must be ordered by a parent or guardian, in their own name.
You agree to supply MyBizDesigner with a current and truthful name, postal
address, email address and telephone number for our records, and you have a
continued obligation to keep this information current. You also agree that you
are an authorized user of any credit card that you supply to us or our payment
partner(s), and you understand and agree that we have an obligation to fully
investigate any possible fraudulent credit card use. MyBizDesigner reserves the
right to refuse service to anyone without notice or reason.
3. Sharing or Reselling of account You are the individual solely responsible
for all use of the account, whether someone you have given access to the
account causes damage or not. You understand this includes but is not limited
to; breach of the hosting account due to negligence on your part.
4. Account Setup We will setup your account after we have received payment and
we and/or our payment partner(s) have screened the order(s) incase of fraud. It
is your responsibility to provide us with an email address which is not @ the
domain(s) you are signing up under.
5. No warranties MyBizDesigner makes no warranties or representations of any
kind for the services being offered. The service is provided on an "as
is" and "as available" basis without warranties of any kind,
either express or implied, including but not limited to warranties of title,
non-infringement, or implied warranties of merchantability or fitness for a
particular purpose. No advice or information given by MyBizDesigner or its
agents or employees shall create a warranty. MyBizDesigner provides no warranty
that the service will be uninterrupted or error free or that any information,
software or other material accessible on the service is free from viruses or
other harmful components. Under no circumstances shall MyBizDesigner be liable
for any direct, indirect, special, punitive, or consequential damages that
result in any way from your use of or inability to use the service, or for
third parties' use of the service to access your Web space, or to access the
Internet or any part thereof, or your or any third parties' reliance on or use
of information, services, or merchandise provided on or through the service, or
that result from mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation or transmission, or any failure of performance.
6. Resource Usage Users may not initiate the following:
- a) Run any process that
requires more than 5Mb of memory space, more than 15 CPU seconds, or use more
than 5% of all available system resources at any time.
- b) Run any type of
interactive real-time chat applications that require server resources.
Remotely-hosted services are fully allowed.
- c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- d) Run any software that interfaces with an IRC
(Internet Relay Chat) network.
- e) Run any process which interacts with the MySQL Database Management Server using persistent connections. The use of persistent connections to connect to the MySQL Database Management Server on MyBizDesigner servers is strictly prohibited.
- f) MyBizDesigner servers are not allowed be used as a backup/storage system and only one cPanel/SiteAdmin backup for that same account is allowed.
- g) Image, File, Document and Data storage, are strictly prohibited.Off-site media or file storage is not permitted.
Any account found to be in violation of this
policy will be immediately suspended.
7. Account Use MyBizDesigner does not allow any of the following content to be
hosted:
- a) Illegal Material - This includes copyrighted works, commercial
audio, video, or music files, and any material in violation of any Federal,
State or Local regulation.
- b) Adult Material - Includes all pornography, erotic
images, or otherwise lewd or obscene content. The designation of "adult
material" is left entirely to the discretion of MyBizDesigner.
- c) Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
- d) Other Material - Any material we feel to be abusive, effect or could effect the operation of the service and/or effect other internet users. The designation of "abusive" is left entirely to the discretion of MyBizDesigner. All rights reserved.
- e) Shell (SSH) Access - A
valid reason must be provided for this service to be enabled. MyBizDesigner
reserves the right to not enable it or disable it at anytime. Misuse (Spamming
etc.) of this service may lead to a fine and/or legal action. This service is
not enabled as default.
8. Termination of Sub Account MyBizDesigner reserves the right to terminate a
sub account of your Multiple Domain Hosting Plan or Reseller Plan at anytime
and without notice or reason. All rights reserved.
9. Zero Tolerance Spam Policy We take a zero tolerance stance against sending
of unsolicited e-mail, commonly known as spam. Any user who sends out spam will
have their account terminated without notice. MyBizDesigner reserves the right
to require changes or disable as necessary any web site, account, database, or
other component that does not comply with this policy, at its sole discretion. MyBizDesigner
also reserves the right to make any such modifications in an emergency at our
sole discretion. MyBizDesigner reserves the right to charge the holder of the
account used to send any unsolicited e-mail a clean up fee. This cost of the clean
up fee is left entirely to the discretion of MyBizDesigner. All rights
reserved.
10. Mass-mailing lists No account hosted on MyBizDesigner servers may send in
excess of one-hundred (100) emails per ten (10) minutes or one thousand (1000)
emails per twenty-four (24) hours. Any account found in violation of this
policy will be immediately suspended.
11. Payment Information You agree to supply appropriate payment for the
services received from MyBizDesigner, in advance of the time period during
which such services are provided. You agree that until and unless you notify MyBizDesigner
of your desire to cancel any or all services received, those services will be
billed on a recurring basis. MyBizDesigner reserves the right to change the
monthly payment amount and any other charges at anytime.
12. Backups and Data Loss Your use of the service is at your sole risk. MyBizDesigner
is not responsible for files and data residing on your account. You agree to
take full responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on MyBizDesigner servers.
13. Cancellation and Refunds MyBizDesigner reserves the right to cancel the
account at any time. Customers may cancel their account at any time. MyBizDesigner
gives you an unconditional 15 day money back guarantee. Refund requests after
15 days will not be negotiated. Accounts cancelled/terminated by MyBizDesigner
do not qualify for the 15 day money back guarantee. Only first-time accounts
are eligible for a refund. For example, if you've had an account with us
before, cancelled and signed up again, you will not be eligible for a refund or
if you have opened a second account with us. Accounts where a domain is
purchased through MyBizDesigner do not qualify for the money back guarantee. No
refund will be given in this circumstance.
14. Bandwidth Usage You are allocated a monthly bandwidth allowance. This
allowance varies depending on the hosting package you purchase. Should your
account pass the allocated amount we reserve the right to suspend the account
until the start of the next allocation, suspend the account until more
bandwidth is purchased at an additional fee, suspend the account until you
upgrade to a higher level of package, terminate the account and/or charge you
an additional fee for the overages.
15. Indemnification Customer agrees that it shall defend, indemnify, save and
hold MyBizDesigner harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted against MyBizDesigner,
its agents, its customers, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed or any product
sold by customer, its agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless MyBizDesigner against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise
distributed in connection with MyBizDesigner' server; (2) any material supplied
by customer infringing or allegedly infringing on the proprietary rights of a
third party; (3) copyright infringement and (4) any defective products sold to
customer from MyBizDesigner server. 16. Disclaimer MyBizDesigner will not be
responsible for any damages your business may suffer. MyBizDesigner makes no
warranties of any kind, expressed or implied for services we provide. MyBizDesigner
disclaims any warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, no deliveries, wrong
delivery, and any and all service interruptions caused by MyBizDesigner and its
employees.
17. Changes to the AUP MyBizDesigner reserves the right to revise its policies
at any time without notice.
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